Court upholds N.Y. regulation on calorie posting

NEW YORK - A federal appeals court yesterday upheld the city's regulation requiring some chain restaurants to post calories on menus and menu boards, saying the rule is a reasonable effort to curb obesity.

A panel of the US Court of Appeals for the 2d Circuit rejected arguments by a state trade group that federal law preempted the rule and that the city had violated the First Amendment by forcing its view on restaurant patrons that calories are the most important consideration on a menu.

The three-judge panel ruled that the federal Nutrition Labeling and Education Act was not intended to apply to restaurant food, writing that the city "merely stepped into a sphere that Congress intentionally left open to state and local governments."

The court said the rule "mandates a simple factual disclosure of caloric information and is reasonably related to New York City's goals of combating obesity."

New York is believed to have been the first US city to enact a regulation requiring calories on menus. Last year, New York began requiring restaurants to remove all trans fats from food prepared on site. Boston has also banned trans fats in restaurants.

The city's calorie rule applies to restaurants that are part of chains with at least 15 outlets across the country. Health Commissioner Thomas R. Frieden said most chain restaurants have been in compliance since the city began enforcing the rule in July.

The restaurant association didn't immediately comment.

ASSOCIATED PRESS