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Courts to Weigh In on Calorie-Posting Measure

March 28, 2008

The City Health Department has postponed a measure that would require chain restaurants to post calorie data for their menu items. The law, which was scheduled to take effect on Monday, March 31, will be tabled until April 15 to allow city courts time to rule on the plan’s legality. The New York State Restaurant Association sued the city in an attempt to stop the law’s passage, marking the second time in which the NYSRA has responded to proposed calorie-listing laws with judicial action. A Manhattan District Court scrapped a similar law in June of last year after the Restaurant Association cited the Food and Drug Administration’s 1990 Nutrition Labeling and Education Act, which exempted restaurants from labeling requirements applied to food manufacturers. City Health Commissioner Thomas Freidan has called the latest lawsuit, “a sad commentary on some restaurants’ business practices.”

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