The NYC Council now requires chain restaurants to post a warning icon next to certain menu

items that contain high levels of added sugars and a warning statement explaining the health

risks of consuming high amounts of added sugars. The NYC Health Department is educating

label — that have 50 grams (g) or more of added sugars and food items identical to

prepackaged food items that have 50 g or more of added sugars on menus (including

print, electronic and online menus), menu boards and item tags. Menu items include

combination meals.

boards and self-service food locations. The statement explains that items with the icon

contain as much as or more than the daily recommended limit of added sugars per day

and that consuming too much added sugar is a health risk.

increased risk of type 2 diabetes, weight gain and tooth decay.

Does this rule apply to my business?

This rule applies to food service establishments that are part of the restaurant grading program,

require an NYC Health Department permit and are part of a chain. “Chain” refers to any

establishment with 15 or more locations doing business in the U.S. under the same name and

https://www.dietaryguidelines.gov/sites/default/files/2020-12/Dietary_Guidelines_for_Americans_2020-

2025.pdf

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What is a food item that is identical to a prepackaged food item?

Some food items that are offered by a chain restaurant are available in both prepackaged form

with a Nutrition Facts label, such as a canned soda, and in non-prepackaged form, such as a

self-service fountain soda. The prepackaged version may be available in a retail setting only or

in both a retail setting and at a food service establishment.

If a food item is offered in prepackaged and non-prepackaged form under the same brand

name and promoted, advertised or presented as substantially the same in either form, both

forms are deemed identical.

Example: A 20-ounce bottle of soda has 65 g of added

sugars, and you are serving a 16-ounce glass of that soda.

Steps:

1. Calculate the added sugars per ounce in the packaged

food item by dividing the grams of added sugars by the

number of ounces in the item to find the number of

grams of added sugars per ounce.

Example: 3.25 g of added sugars per ounce multiplied by

16 ounces equals 52 g of added sugars.

Conclusion: This item would require a warning icon.

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Where can I get the added sugars warning icon?

The icon at right is the one that must be posted on menus, menu boards and

item tags. To download the icon, visit nyc.gov/health/addedsugar.

Can I design my own added sugars warning icon?

No, you cannot design your own icon. You must use the one provided by the NYC Health

Department.

Where must the warning icon be posted?

The warning icon must be posted directly next to any food item that is prepackaged or identical

to a prepackaged food item and has 50 g or more of added sugars on a menu, menu board or

item tag, including in combination meals, temporary menu items and variable menu items.

“Menu” and “menu board”:

establishment’s online menu

This warning statement is as follows:

Warning: indicates that the added sugars content of this item is equal to or higher

than the total daily recommended limit of added sugars for a 2,000 calorie diet (50 g).

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Where must the warning statement be posted?

The warning statement must be posted in a clearly visible place at the point of purchase and on

menus, menu boards and self-service food locations.

Does the warning statement need to be placed on every page of a menu?

No, but the warning statement must be posted in a clearly visible part of the menu. Posting the

warning statement on the same menu pages where the added sugar warning icon appears is

one way to meet this requirement.

fountain soda that has 20 g of added sugars and a pre-packaged dessert that has 35 g of added

sugars, then the meal has a total of 55 g of added sugars and must have a warning icon next to

it.

Do I have to post the warning icon next to food items that can be customized or have

different toppings?

If any possible version of a food item has 50 g or more of added sugars, you must post the

warning icon next to it on the menu or menu board.

Do I have to post the warning icon next to pre-packaged or identical food items that contain

multiple servings?

Some pre-packaged or identical food items contain multiple servings and are intended to be

shared by more than one person. For example, a tub of ice cream, or a cake or pie that might

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warning icon next to the food item on the menu or menu board, even if all servings

combined total 50 g or more of added sugars.

Does this rule apply to food items that are promotional or only temporarily available?

Yes, this rule applies to all prepackaged food items and food items identical to prepackaged

food items that have 50 g or more of added sugars, even if they are only offered for a short

period of time.

If I add or change a food item and it meets the criteria for the added sugars warning, how

soon do I need to post the warning icon and warning statement?

Yes, the NYC Health Department invites you to email your request to review your menu or

menu board mock-ups or other images to [email protected]. The NYC Health Department

will provide feedback on your proposed menu or menu board as quickly as possible.

and warning statement be posted for prepackaged food items at chain restaurants in NYC.

Local Law 150 of 2023 (available at bit.ly/nyc-ll150-2023) requires the added sugars warning

icon and warning statement also be posted for non-prepackaged food items that are identical

to prepackaged food items at chain restaurants in NYC.

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