Judge Nixes NYC Calorie-Posting Rule

U.S. District Judge Richard Holwell struck down a New York City rule Tuesday that would have made it mandatory for fast-food restaurants to post calorie counts on their menus, citing that it conflicted with federal law. The rule conflicted with federal regulations because it wasn't mandatory for all restaurants. Federal law already advises restaurants as to how to post nutritional information, if they choose to do so, for items that are served in standardized portion sizes. Proponents of the city rule that targeted national fast-food chains argued that consumers have the right to know how healthy a menu item is before they purchase the food. They stressed that the rule would address the issue fast food's connection has with obesity that contributes to problems such as heart disease, stroke, diabetes, and certain cancers. Those against the ruling are claiming victory, signifying that the government has no right to tell consumers what they can and cannot eat. But a rewrite of the rule to apply to more restaurants might make it legal. Many other states are trying to pass similar measures in attempt to address the rise in obesity rates—Arizona, California, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Michigan, New Jersey, New Mexico, New York, Pennsylvania, Tennessee and Vermont. Nutrition labeling legislation has also been introduced in cities such as Chicago, Washington, and Philadelphia.

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