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Second Circuit Upholds NYC Calorie Posting Regulation

By Eric Chaffee

The United States Court of Appeals for the Second Circuit has upheld a New York City Health Code regulation requiring the posting of calorie information on menu boards and menus of chain restaurants with fifteen or more locations. The regulation would apply to such national chains as McDonald?s, Burger King, and Chipotle, which all operate locations in the New York City area.

It will be interesting to see whether other municipalities and states are moved to pass similar legislation by the decision. Although such regulations may seem palatable when the economy is good, many local governments may be reluctant to impose regulations that may hinder the operation of the food industry during the current economic downturn. Put another way, this recession may be cause for loosening belts, rather than tightening them.

Full post as published by The Faculty Lounge on February 23, 2009 (boomark / email).