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Fast Food Restaurants Happy As Judge Tosses NYC's New Calorie Content Disclosure Rule
By
Jen Chung
Published Sep 11, 2007
Modified Mar 7, 2008
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By
Jen Chung
Published Sep 11, 2007
Modified Mar 7, 2008
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U.S. District Court Judge Richard Holwell found that fast food restaurants do not need to make their calorie information more prominent. Last December, the Health Department had voted that national chain restaurants, which already have caloric information, should display that info on menus or menu boards. Naturally, the fast food industry protested, because it's very hard to order a Big Mac when it says "540 calories, 29 grams of fat"! And, crap, an Oreo McFlurry is 560 calories!
The restaurants had claimed their First Amendment rights were being violated, but Judge Holwell said he came to his decision without addressing that claim. From the Sun:
The problem with the regulation, Judge Holwell found, was that it only applied to restaurants that voluntarily "have chosen to disclose calorie content information to their customers."
The ruling suggests that if the city required restaurants to disclose calorie counts in the first place, it could then regulate how the calorie information was displayed.
The city is "free to erect mandatory disclosure requirements," the ruling said.
Hmm, this makes us wonder if this ruling will prompt the city to require calorie counts from all restaurants!
Tagged
big mac
court
District
District Court
fast food
first amendment
food
health
health department
industry
Last December
mac
restaurants
the city
Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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