Second Circuit Upholds NYC’s Fast Food Menu Rule

In a ruling yesterday, the United States Court of Appeals for the Second Circuit upheld the New York City rule requiring chain restaurants to list calorie information on menus.  The New York State Restaurant Association had challenged the regulation on two grounds:  (1) the rule was expressly preempted by the Nutrition Labeling and Education Act of 1990 and (2) the rule violated the Association’s First Amendment rights under a compelled speech theory.  The Second Circuit rejected both arguments.

More coverage at Consumer Law & Policy Blog and Am Law Daily.   A copy of the opinion is available at How Appealing.

– SBS