TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Wednesday, January 23, 2008

Calorie Counting in New York City

The New York Times reports that New York City once again is going to require restaurants to post calorie content on menu boards.   The Board of Health revised the regulations following a decision last September by U.S. District Judge Richard J. Holwell striking down the original regs.   (In an interesting note given the buzz on preemption these days, Judge Holwell found that the original regs were preempted by the federal Nutrition Labeling and Education Act of 1990). 

Under the revised regs, "any chain that operates at least 15 outlets nationwide would have to display calorie content on their menu boards, menus or food tags — essentially wherever the restaurant lists the information that customers use to make their choices."   The regulations are scheduled to take effect March 31st, but the New York State Restaurant Association is considering a lawsuit.

- SBS

https://lawprofessors.typepad.com/tortsprof/2008/01/calorie-countin.html

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