Calories can be off menu in NYC

NEW YORK - A federal judge struck down a New York City rule requiring some restaurants, including those operated by McDonald's Corp., to publish calorie counts on their menus.

US District Judge Richard J. Holwell ruled yesterday in New York that the city regulation is preempted by a federal nutrition-labeling law, and barred officials from enforcing it. Specifically, the rule conflicts with federal law regulating how food companies and restaurants provide voluntary nutritional information to customers, Holwell said.

The New York State Restaurant Association, representing 7,000 restaurants, sued to void the regulation, which requires city restaurants that choose to provide nutritional data to also post calorie details on menus and menu boards. Holwell said New York, which can't regulate voluntary nutritional claims, may still legally adopt a rule requiring disclosure.

"The majority of state or local regulations - those that simply require restaurants to provide nutrition information - therefore are not preempted," Holwell wrote in the decision.

The rule would have affected restaurants and chains that provide calorie counts on websites, tray liners, and elsewhere, about 10 percent of New York's 23,000 restaurants, according to Holwell.

The city is considering a new rule, Mark Muschenheim, an attorney in the city's law department, said in a statement yesterday. The rule is "a critical component in the efforts to address the obesity epidemic," Muschenheim said.

"We're certainly very pleased," said Rick Sampson, the restaurant association's chief executive officer. Sampson said there is "no rhyme or reason" for imposing additional requirements on restaurants that already supply nutritional information voluntarily. His group would oppose any attempt by the city to draft a broader rule, Sampson said.