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STAYED until the earlier of (1) May 7, 2018; (2) the FDA announces that the Menu Labeling Rule's compliance deadline could be or will be extended beyond May 7, 2018; (3) the FDA fails to confirm on or before December 31, 2017, in a Federal Register publication, that the Menu Labeling Rule's compliance date is May 7, 2018; or (4) the FDA fails to publish draft or final menu labeling guidance as referenced in Dr. Gottlieb's August 25 press release by December 31, 2017. The parties are directed to file a joint notice seeking to lift the stay upon occurrence of any of the aforementioned events. Signed by Judge Emmet G. Sullivan on 9/26/17. (lcegs2)

Plaintiffs Center for Science in the Public Interest (“CSPI”) and National Consumers League (“NCL”) (collectively, “Plaintiffs”) and Defendants Dr. Tom Price, Dr. Scott Gottlieb, and the United States Food and Drug Administration (“FDA”) (collectively, “Defendants” or, together with Plaintiffs, “the Parties”) jointly and respectfully request that the Court stay all deadlines in this case until the earlier of either May 7, 2018 or the occurrence of one of the triggering events identified in paragraph 8 below. A stay of litigation will serve judicial economy and preserve the Parties’ resources by potentially allowing for resolution of this case without litigation.

The U.S. Food and Drug Administration issued a rule requiring chain restaurants, supermarkets, convenience stores, and other food retail establishments to disclose calorie counts and other nutrition information for prepared food and beverages in 2014. But, one day before industry was due to comply in May 2017, the FDA delayed the compliance deadline for an…

Plaintiffs Center for Science in the Public Interest and National Consumers League challenge a rule issued by Defendants Dr. Tom Price, Dr. Scott Gottlieb, and the U.S. Food and Drug Administration, which delays the compliance deadline of a prior rule requiring chain restaurants and similar retail food establishments to disclose calorie contents and other health information for standard menu items.

FDA delayed compliance and jeopardized public health