June 18, 2007
The New York State Restaurant Association has filed suit in federal court in Manhattan to block implementation of a New York City health department regulation scheduled to go into effect July 1, 2007.
The rule requires restaurants that supply nutritional information to customers to also provide the caloric content.
In challenging the rule, NYSRA argues that the city has far exceeded its authority resulting in a detrimental impact on the restaurant industry that New Yorkers and all who visit so cherish.
The case challenges the Menu Board Labeling regulation on First Amendment grounds and federal pre-emption. But NYSRA President & CEO Rick Sampson sees it as a case of government vs. business.
This is about a big, powerful government agency trying to micro-manage local businesses and the choices available to New York consumers at their local neighborhood restaurants, said Sampson. Ironically, the only restaurants subject to this regulation, are those that were already voluntarily providing nutritional information. So essentially, New York City is punishing businesses that are doing the right thing. Only in the world of bureaucracy could this possibly make any sense.
Supporters of the New York law noted that caloric information has been provided on all packaged food sold in grocery stores for the last 15 years. To date, no food manufacturer has filed suit claiming that its an unfair burden, or that businesses are being harmed by giving consumers too much information.
