Judge overrules N.Y.C. calorie-posting law

by FoodBusinessNews.net Staff
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NEW YORK — Fast-food restaurants in New York City will not be required to post calorie information on their menus and boards, U.S. District Judge Richard J. Howell ruled on Sept. 11.

The city made a law effective July 1 requiring restaurants that serve standardized portion sizes and that already made calorie information available voluntarily to post calorie information on menus.

The New York State Restaurant Association filed suit against the measure stating the measure was preempted by the Nutrition Labeling and Education Act of 1990 and that it violates restaurants’ First Amendment rights.

Mr. Howell ruled that because the measure was not required for all restaurants, it conflicted with federal regulations. The ruling was made before even considering First Amendment rights.

The ruling could have an effect on similar legislation in 14 other states. Most recently, the California Assembly passed legislation requiring fast-food outlets and chain restaurants to provide nutrition information at the point of purchase.

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