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UPDATE 2-Court OKs NYC calorie-count rule for restaurants

Wed Apr 16, 2008 11:12pm IST
 
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(Adds rule's effective date, paragraph 3; city's reaction, last two paragraphs)

NEW YORK, April 16 (Reuters) - New York City officials can require fast-food restaurants to post signs telling customers how many calories are in their meals, a federal judge ruled on Wednesday.

"The required disclosure of calorie information is reasonably related to the government's interest in providing consumers with accurate nutritional information," U.S. District Judge Richard Holwell said in his ruling in the court in lower Manhattan.

The city's health code provision, which affects businesses that have at least 15 establishments nationwide, is to take effect on Tuesday.

The lawsuit, filed by the New York State Restaurant Association, sought to prevent the city from dictating to restaurants how large to display the calorie information, claiming such a rule was a violation of free speech.

The city requires that restaurants post caloric information on menus and menu boards in the same font and format used to display the name or price of the menu item.

Judge Holwell, noting that 56.1 percent of New York City's population was overweight or obese and that restaurants play an increasingly large role in an individual's diet, found that the city's insistence on prominent caloric information "is entirely consistent with First Amendment interest."

Chuck Hunt, the association's executive vice president, said: "Of course, we're disappointed in the ruling."

He said it was likely the association would appeal.  Continued...

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