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Judge Rejects New York City Law On Menu Calorie Counts

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The Associated Press

Published: September 12, 2007

NEW YORK - A judge struck down a New York City rule Tuesday that required fast-food restaurants to post calorie counts on their menus.

U.S. District Judge Richard Holwell said he determined the rule conflicts with federal law. Businesses had claimed that their First Amendment rights were violated by the rule, described as the first of its kind in the nation, but Holwell said he reached his decision without needing to address those claims.

The city had targeted national fast-food chains by applying the law only to those that served standardized portion sizes and that were making calorie information available voluntarily as of March 1.

Holwell said that conflicts with federal regulations because the rule wasn't mandatory for all restaurants. Federal regulations advise restaurants how to post the information voluntarily.

The city law office did not immediately comment on how it would respond.

The New York State Restaurant Association had challenged the rule. On the other side, the National League of Cities, the National Association of County & City Health Officials, the International Municipal Lawyers Association and the League of California Cities supported the city, saying the new rule is necessary to fight obesity.

In the past 25 years, obesity rates have doubled among U.S. adults and tripled among children, and rates have increased in every state in the nation, the groups said.

The national Centers for Disease Control and Prevention estimated in a 2005 study that about 112,000 deaths are associated with obesity each year, making obesity the second leading contributor to premature death, behind tobacco.

In arguments supporting the city's rule, the groups argued that an adverse ruling would undermine pending legislation in state and local legislatures across the country.

Legislation similar to New York City's is under way in 14 states where obesity rates have recently surged.

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