NEW YORK —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
In a ruling that temporarily rewarded but ultimately may defeat a New York State Restaurant Association lawsuit challenging the ordinance, U.S. District Judge Richard J. Holwell indicated that the municipal health department’s rule would not have violated federal standards if it hadn’t been narrowed only to chains that voluntarily disclosed calorie data. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
In the immediate aftermath of Holwell’s ruling, officials of New York City’s health department vowed to re-enact its trend-setting mandate for on-menu labeling of calorie contents and called the judge’s invalidation of the rule a “technicality.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
The court ruling would keep calorie information off local menus for just “a few months,” the agency predicted, apparently signaling that it had heeded Holwell’s guidance on how to draft a disclosure mandate that would pass muster under further judicial review. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
In effect, the judge’s ruling—which said in part that the city still was “free to enact mandatory disclosure requirements”—clarified for lawmakers in other jurisdictions how to draft menu rules for restaurants that would conform to U.S. standards for product labeling. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
The city’s health department is expected to reinstate the law by simply requiring certain chain restaurants to disclose calorie contents on their menus, rather than singling out for enforcement only those operations that already used websites, brochures and other media to provide that information as of last March 1. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
The essence of Holwell’s ruling was that municipal authorities had conflicted with federal rules by trying to regulate the voluntary disclosure actions of chains with 10 or more New York City outlets, but if the city had required certain restaurants to disclose calorie counts in the first place, it could then have regulated how that information was displayed. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Specifically, Holwell said the law had conflicted with the federal Nutrition Labeling and Education Act. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
David Wukitsch, litigation counsel for the New York State Restaurant Association, which contested the regulation on grounds it was discriminatory and unfair, said the ruling could affect legislation in other states and localities where similar laws are pending. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“For those regulations modeled on the New York City rule, this court case would render them suspect, meaning there is a good chance they would be invalid,” he said. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Menu-labeling legislation currently is pending in at least five states, including Washington, Tennessee and California, with the latter state standing as of presstime to become the first to mandate near-universal on-menu disclosure of several dietary facts for all standard food offerings. Only a veto of a newly passed bill by Gov. Arnold Schwarzenegger would keep chains with 15 or more branches in California from facing that requirement as of next July 1. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Some of the pending legislation—though not California’s—is similar to the regulation struck down in New York, and industry leaders in those states said they were encouraged by Judge Holwell’s ruling but cautious about its ramifications. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“This is a victory, but whether it’s the end of the war or a key win in a key battle, our attorneys have yet to tell us,” said Anthony Anton, president and chief executive of the Washington Restaurant Association. The WRA currently is fighting a new menu-labeling law that’s scheduled to take effect in Seattle-anchored King County next August. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“We’re definitely not laying down on this,” Anton said. “The rule is incredibly costly. We need the right outcome because the rule is so burdensome to the industry and there is no benefit to the public.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Jot Condie, president and chief executive of the California Restaurant Association, said the law passed by the state Legislature this month could be devastating for business. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
He noted that the state’s unique unfair-competition laws provide grounds for plaintiffs’ attorneys to take businesses to court over virtually any practice that was deemed unfair, unlawful or fraudulent, regardless of whether the plaintiffs have suffered injury as a result. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“California already is a highly litigious state and this would make it 10 times worse,” he said, forecasting that restaurants found to be in violation of nutrition labeling standards would be vulnerable to class-action lawsuits. “We’ve seen that [unfair-competition] statute used numerous times against our industry. If the governor signs the bill, obviously a legal option is something we’ll have to explore.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Condie called Judge Holwell’s decision in New York “a legal and moral victory.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“We hope it would cause all [parties] involved to step back a minute and look at how something like this would be applied in our industry,” he said. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Gabriel Taussig, chief of the administrative law division of the New York City Law Department, said Holwell found “that because the city’s law only affected restaurants that had made the information available voluntarily, it was inconsistent with federal law,” but he also stated that there is no federal law dealing with required nutritional information, so the city and other localities are free to require all restaurants to provide calorie or nutritional information. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
He said the health department now “could require chains of 10 or more restaurants to provide that nutritional information. The bottom line is: If there are no federal rules dealing with the required disclosure of nutritional information, the city can do it.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Taussig said the city was deciding its next course of action—whether to appeal the judge’s decision or rewrite the rule, either of which could take months to complete. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“There are pluses and minuses to both approaches,” Taussig said. “We have to see which one might resolve the issue quicker; that’s the most important consideration. We strongly believe there is a significant public health issue here and the quicker information is made available the more beneficial it will be.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
NYSRA attorney Wukitsch said he expected the health department to appeal the decision and rewrite the regulation at the same time, but that he expected the ruling to stand if challenged. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“I think Judge Holwell’s decision will be sustained,” Wukitsch said, “because he found a basic unfairness in punishing those restaurants or foodservice establishments that voluntarily have decided to provide nutritional information, while the rule didn’t apply to those thousands of restaurants that don’t provide any information at all.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Wukitsch said the NYSRA would further challenge the regulation if necessary. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“Really, the ball is in the city’s court,” he said, adding that “at this point in time the regulation has been struck down and the city has no right to determine what if any caloric information should appear on menu boards.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
E. Charles “Chuck” Hunt, executive vice president of the New York City chapter of the NYSRA, said the association and the city share the same goals, but the organizations disagree on how to reach those goals. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
Hunt said that if a new menu-labeling regulation were adopted in New York it would be costly to implement, especially for independent restaurateurs that would need to obtain scientific analyses of their ingredients. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“It’s tremendously expensive to have nutritional analysis done,” he said. —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
The CRA’s Condie agreed, estimating that such analyses can cost “anywhere from $300 to $1,500 per item.” What’s more, every time you change your menu, you’d have to resubmit it for analysis.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
The WRA’s Anton called the proposed King County law “unworkable, and there’s no evidence it would have any impact on [consumers’] purchasing decisions.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
“We’ll have spent millions on labeling, and it will get ignored anyway,” he said. “And the county is not spending any money on [nutrition] education. Passing a law without a single penny going toward that is asinine.” —A federal judge’s decision striking down a municipal law here that had required hundreds of restaurants to post calorie contents on their menus only intensified foodservice leaders’ strategizing nationwide over ways to block lawmakers’ push for point-of-purchase disclosure of dietary data.
