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Last updated on May 28, 2012 at 21:26 EDT

NYC Restaurants Forced to Initiate Calorie-Counting Rule

April 16, 2008
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A federal judge ruled on Wednesday that New York City officials can require fast-food restaurants to post signs telling customers how many calories are in their meals.

According to U.S. District Judge Richard Holwell’s ruling, the required disclosure of calorie information is reasonably related to the government’s interest in providing consumers with accurate nutritional information.

The New York State Restaurant Association filed the lawsuit, seeking to prevent the city from dictating to restaurants how large to display the calorie information, claiming such a rule was a violation of free speech.

The city requires that restaurants post caloric information on menus and menu boards in the same font and format used to display the name or price of the menu item.

Judge Holwell noted that 56.1 percent of New York City’s population was overweight or obese and that restaurants play an increasingly large role in an individual’s diet. He said the city’s insistence on prominent caloric information "is entirely consistent with First Amendment interest."

"Of course, we’re disappointed in the ruling," said Chuck Hunt, the association’s executive vice president. He said it was likely the association would appeal.

“The city’s health commissioner, Thomas Frieden, said, “Today’s decision is a victory which will give New Yorkers the calorie information they need””where they need it””to make informed, healthier choices."

He added: “The regulation could prevent at least 150,000 New Yorkers from becoming obese and prevent at least 30,000 New Yorkers from developing diabetes and other health concerns over the next five years.”

U.S. District Judge Richard Holwell made his ruling in the court in lower Manhattan.

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