NEW YORK (AP) — 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 J. Holwell said he determined the rule conflicted with federal law. (1.) Businesses had claimed that their First Amendment rights were violated by the rule, described as the first of its kind in the nation, but Howell said he reached his decision without needing to address those claims.
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The city had targeted national fast-food chains by applying the law only to those that served standardized portion sizes and that were already making calorie information available voluntarily as of March 1.
Howell said that conflicted with federal regulations because the rule wasn't mandatory for all restaurants. 2. Federal regulations already 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 was necessary to fight obesity.
In the last 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.
3. The Centers for Disease Control and Prevention estimated in a 2005 study that approximately 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 around the country.
Legislation similar to New York City's is under way in 14 states where obesity rates have recently surged — Arizona, California, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Michigan, New Jersey, New Mexico, New York, Pennsylvania, Tennessee and Vermont.
Nutrition labeling legislation has also been introduced in Chicago, Philadelphia and Washington.
New York City's rule took effect in July, but enforcement was suspended pending the outcome of the court fight.
Let me take a stab at this judicial stuff
(1.) Businesses had claimed that their First Amendment rights were violated by the rule. Now, correct me if I am wrong but isn't the First Amendment;
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
So, that has me wondering why would their free speech be prohibited if they only had to disclose the nutritional content--or lack there of, of their food where the consumer could see it BEFORE ordering. It seems to me like they should have claimed that it violated their right to not self-incriminate! If you tell people that you are about to serve them something with 46 grams of fat, 650 calories; yeah, they might think you were guilty of trying to kill them and you wouldn't want to incriminate yourself!
2. Federal regulations already advise restaurants how to post the information voluntarily. That's the whole point of this fight, they are already advised to voluntarily tell us what crap they are serving us but they don't, so the rule was to MAKE the most unhealthy places do so! (The feds whimped on this one, voluntary? Why not ask the wolf to watch over the sheep too!
3. The Centers for Disease Control and Prevention estimated in a 2005 study that approximately 112,000 deaths are associated with obesity each year, making obesity the second leading contributor to premature death, behind tobacco. Death/smeath! Why should we worry, it's the fat person's fault right! It is'nt possible the fault of companies who have given us inexpensive foods at the expense of our health, is it! Certainly McDonald's means well when they serve a Double Quarter Pounder, Fries and a 48 ounce Coke to an overweight person. They just want to give the person what they want, they are the good guys. Screw the fact it has 72 grams of fat and 105 grams of pure sugar!!?? The fat guy ordered it, it's HIS fault!
OK, if YOU think like that, so be it. But I don't and I think the companies that are taking our hard earned money should do a little better, they should consider our health and the ramifications of eating their foods. Parents don't allow a child to have whatever they want, our society doesn't let anyone do whatever they want, we have rules and guidelines in place for everyone's safety. Shouldn't we demand the same from Coca-Cola and McDonald's?
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