U.S. Supreme Court Health Care Ruling Does Not Affect Menu Labeling Requirements

On June 28, 2012, the U.S. Supreme Court ruled on some aspects of the 2010 Patient Protection and Affordable Care Act (ACA), most notably the individual mandate and Medicaid provisions, but did not address menu labeling requirements that were established by the Act.  National Federation of Independent Business v. Sebelius, 132 U.S. 2566.  Under ACA, certain restaurants are required to post calories of each menu item on menus or menu boards and provide written nutritional information upon customer request, while applicable vending machine operators must prominently display each item’s caloric content.  These requirements apply to restaurants with twenty or more outlets and vending machine operators with twenty or more machines.  ACA charged the Food and Drug Administration (FDA) with formulating the labeling regulations, which become effective when FDA completes the rulemaking process.  To date, FDA has released a proposed rule, but has not yet issued a final rule.  For more information on menu labeling, visit the FDA New Menu and Vending Machine Labeling Requirements website.

Written by M. Sean High, Research Assistant
Penn State Law, Agricultural Law Center