New York State Restaurant Association v. New York City Board of Health

New York State Restaurant Association

Our attorneys represented the restaurant association in a suit filed in federal district court in Manhattan challenging a new regulation imposed by New York City's Health Department. The regulation required the small group of quick service restaurants in New York City that voluntarily publish nutrition information to consumers to isolate one part of that nutrition information (calorie count) and display it in a precisely prescribed manner on menus and menu boards. The restaurant association alleged that (1) the regulation was preempted by the federal nutrition labeling statute and implementing Food and Drug Administration regulations; and (2) infringed on the First Amendment speech rights of those restaurants that come within its purview and has already chilled the speech of several restaurants which have withdrawn nutrition information from their websites and stores.

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