What’s the Hold Up? The FDA’s Delayed Implementation of Menu-Labeling Policy

Calorie labeling on menus became a federal law in 2010 but was not implemented until 2018, 8 years after adoption. This study reconstructs the history of the federal menu-labeling mandate using a process-tracing approach and finds that the delays in implementation resulted not from direct agency capture by the regulated industry, but rather from a system of indirect influence whereby lawmakers continue to influence policy-making even after adoption. Excessive legislative control can contribute to substantial implementation delays that undermine legislative intent. However, administrative agencies can serve as trustees to hold elected officials accountable to their own policy commitments.