NEW YORK, Sept. 11, 2007
NYC Fast Food Calorie Count Rule Nixed
Judge Tosses Out Rule Requiring Fast Food Restaurants To Post Calorie Content On Menus
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U.S. District Judge Richard J. Holwell said he determined the rule conflicted with federal law. Businesses had claimed that their First Amendment rights were violated by the rule, described as the first of its kind in the nation, but Howell said he reached his decision without needing to address those claims.
The city rule targeted national fast food chains. It applied only to those that served standardized portion sizes and were already making calorie information available voluntarily as of March 1. The New York State Restaurant Association had challenged it.
The rule took effect in July, but enforcement was suspended pending the outcome of the court fight.
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