NEW YORK – The New York State Restaurant Association went to court last week to protest New York City’s new law requiring some restaurants to post the calorie content of each menu item served, ABC News reports. The new law went into effect earlier this month.
New York health officials enacted the law to make sure nutritional information is available onsite for consumers. “People are not aware of how many calories are in the foods and drinks they get served” Marion Nestle, a professor of nutrition at New York University, said in a health department press release. “Providing calorie information before they buy foods should help consumers.”
However, not many restaurants have posted calorie counts. Restaurant chains such as McDonald’s and Wendy’s oppose the requirement. Last week, the state restaurant association filed a federal lawsuit against the NYC Health and Mental Hygiene Department. The association’s main argument against the law is that it violates restaurants’ First Amendment rights.
The calorie labeling law only effects roughly 10 percent of the city’s restaurants because only those that currently make their calorie counts available in stores or online will be required to actually post those numbers on their menus.
“Essentially, New York City is punishing businesses who are doing the right thing,” Rick Sampson, CEO of the association, told ABC News. “This is part of a long-term strategy by city government to tell New Yorker’s what they can and cannot eat.”
The industry also points out that the law effectively discourages the 90 percent of restaurants that do not give calorie counts to do so in the future. A spokesman for QSR chain Chipotle told ABC News that the company would not provide nutritional information specifically so that it would not be subject to the menu rule.
While the calorie labeling law has been in effect since July 1, the health department said it would not start enforcing the rule until October.
Outside New York City, more than a dozen states and cities are talking about similar calorie-posting laws.