Running a restaurant in New York City is not for the faint of heart. You’re sourcing ingredients, managing staff, and keeping up with ever-changing food trends—all while making sure your customers leave happy.
But there’s another reality you can’t afford to ignore: the city’s strict menu labeling laws.
In a city where health inspectors don’t cut corners, and diners expect full ingredient transparency, missing the mark on menu labeling can be a huge financial and reputational nightmare. Getting it right means avoiding fines, steering clear of legal trouble, and earning your customers’ trust.
So, what do restaurant owners need to know about menu labeling in NYC? Our NY hospitality law attorneys break it down.
Who Needs to Comply?
Not every restaurant is required to include nutritional labeling, but if your establishment is part of a chain with 20 or more locations nationwide, federal law applies. The FDA’s menu labeling rule under the Affordable Care Act mandates that these restaurants must display calorie counts for standard menu items. New York City takes it a step further—local laws impose additional requirements that go beyond federal regulations, affecting chains with 15 or more locations nationwide and impacting certain non-chain restaurants as well.
Even if you own an independent restaurant, it’s a smart move to understand these regulations. With growing consumer demand for transparency, voluntarily providing nutritional information can boost customer trust and keep you ahead of potential future requirements.
What Needs to Be Labeled?
For restaurants that fall under the law, menu boards, printed menus, and even online ordering platforms must include calorie counts clearly and conspicuously.
Beyond calories, New York City regulations require certain establishments to post additional health warnings. Take the NYC Sodium Warning Rule, for instance—it mandates that chain restaurants highlight menu items exceeding 2,300 mg of sodium with a salt shaker icon and provide a message about the effects of excess sodium intake. This helps consumers make informed choices, and non-compliance can lead to fines from the NYC Department of Health.
How to Ensure Compliance
Staying compliant means more than just slapping calorie counts on your menu. Here’s how to make sure your restaurant meets the requirements:
- Accurate Nutritional Analysis: Calorie counts must be based on laboratory testing, approved databases, or FDA-recognized nutritional calculations. Estimates won’t cut it.
- Proper Placement: Nutritional information must be easy to read, not buried in fine print. Customers should see calorie counts at the point of selection.
- Additional Information on Request: If a customer requests it, you may also need to supply a full nutritional breakdown, including details on total fat, saturated fat, trans fat, cholesterol, protein, sodium, carbohydrates, sugars, and fiber.
- Employee Training: Your staff should understand the regulations to answer customer questions and avoid accidental violations.
Ensuring compliance not only avoids penalties but also builds trust with your customers and enhances their dining experience.
The Risks of Ignoring the Rules
New York City isn’t playing around when it comes to menu labeling laws. Health inspectors are vigilant, and non-compliance can lead to escalating fines that quickly add up.
But the real damage isn’t just financial. Violating consumer transparency laws can erode public trust, spark negative press, open the door to lawsuits, and maybe even get you canceled. Ensuring compliance is about protecting your reputation, maintaining customer confidence, and keeping your business thriving in one of the toughest restaurant markets in the world.
Are You a Restauranteur? We Can Help.
The good news? You don’t have to tackle menu labeling laws alone.
At Kent, Beatty & Gordon, LLP, we specialize in helping restaurant owners understand and comply with local, state, and federal regulations. Our clients range from independent eateries to national chains, and we provide clear, practical legal guidance to keep your business running smoothly. We’re here to help. Contact us today.