Judge Tosses Calorie-Posting Rule
Posted Sep 11, 2007 1:02 PM CDT
By Debra Cassens Weiss
A federal judge has ruled New York City did not have the authority to require fast-food restaurants to post calorie information.
The New York regulation, which applied to restaurants that had already voluntarily disclosed calorie information, required them to make it more accessible by measures such as posting it on menus and menu boards, the New York Sun reports. The law had not yet taken effect.
U.S. District Judge Richard Holwell said the regulation was improper because it applied only to restaurants that had voluntarily disclosed calorie information. He suggested the city could require the information to be posted if it first required restaurants to disclose it.
The judge did not address First Amendment arguments by businesses challenging the rule, saying he didn’t need to reach that question, the Associated Press reports.
In an earlier article on the law, the New York Times reported that about 20 other states and localities are considering similar regulations.