Discusses whether the federal Nutrition Labeling and Education Act (NLEA) preempts state or local menu labeling laws. The NLEA requires manufacturers to provide certain nutritional information on packaged foods. However, it exempts restaurants from having to disclose nutritional information unless a restaurant makes a specific claim that characterizes the nutritional content of its food. Some critics of menu labeling argue that state and local laws mandating nutritional disclosures in restaurants are preempted by the NLEA. To date, only one series of decisions has addressed the issue of whether the NLEA preempts state and local menu labeling laws – New York State Restaurant Association v. New York City Board of Health. This article provides an overview of menu labeling laws as a response to the obesity epidemic; explains the preemption doctrine and its impact on public health laws; summarizes recent federal, state, and local approaches to menu labeling; analyzes the NLEA’s regulatory scheme and its preemption provisions; discusses the significance of the New York litigation and its implications for future judicial interpretation of menu labeling laws; and concludes that appropriately drafted and implemented state and local menu labeling laws should not be preempted by the NLEA.