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Expert Analysis

How Menu Labeling Could Lead To A Preemption Dilemma

By Robert Hibbert and Hilary Lewis (July 7, 2017, 9:46 AM EDT) -- In May, the U.S. Food and Drug Administration announced the postponement of the compliance date of a federal menu labeling rule for a year, from May 2017 until May 2018.[1] Just weeks later, New York City took matters into its own hands and announced plans to begin enforcing its own updated local menu labeling rule.[2] These two actions potentially raise novel and significant issues of federal preemption....

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