Judge nixes NYC calorie-posting rule

New York -- A federal judge told New York Tuesday its rule forcing some fast-food restaurants to prominently display the calorie content of their menus was illegal.

U.S. District Judge Richard Holwell said the rule violated federal law because it only applied to restaurants that voluntarily chose to disclose calorie content information to their customers.

In an effort to fight obesity, the city had targeted national fast-food chains that served standardized portion sizes and that were already making calorie information available voluntarily March 1.

The judge said that if the city required all restaurants to disclose calorie counts, it could regulate how the restaurants displayed the calorie information.

The city is "free to erect mandatory disclosure requirements," Holwell ruled.
The New York State Restaurant Association had challenged the rule on First Amendment grounds, but Holwell's ruling did not address its free-speech claims.

A spokeswoman for the city law department told The New York Sun city lawyers were reviewing the decision.

Similar menu-labeling bills have been introduced in Chicago, Philadelphia and Washington and in 14 U.S. states.

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Copyright 2007 by United Press International.