New York State Restaurant Association v. New York City Board of Health

New York State Restaurant Association v. New York City Board of Health is a case decided by the Second Circuit United States Court of Appeals. The case arose after New York City passed a law in January 2007 to become the first American city to require restaurant chains to state the number of calories in everything on their menus. The New York State Restaurant Association (NYSRA) sued, arguing infringement of commercial freedom of speech under the First Amendment.[1] The NYSRA also argued that the Nutrition Labeling and Education Act (NLEA) of 1990[2] and FDA regulations preempted New York's calorie posting regulation.[3] The Second Circuit rejected all of the Restaurant Association's claims and upheld the New York City law. Congressman Henry Waxman, who was the NLEA's chief sponsor, joined an amicus brief in support of New York City's position and was represented by Public Citizen Litigation Group.[4]

New York State Restaurant Association v. New York City Board of Health
CourtUnited States Court of Appeals for the Second Circuit
Full case nameNew York State Restaurant Association v. New York City Board of Health
DecidedPending
Holding
Pending

Notes
  1. "Menu items Restaurant chains must now list the calorie content of the food they sell". The Economist. August 28, 2008.
  2. 21 U.S.C. §§ 301, et seq., ("NLEA")
  3. "Food Labeling". American Medical Association. Archived from the original (– Scholar search) on May 17, 2008.
  4. "New York State Restaurant Association (NYSRA) v. New York Department of Health, et al". Public Citizen.


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