Calorie-Posting Legal Timeline
The restaurant industry has resisted making calorie counts standard fare in chain outlets. Calorie posting is now the law in New York City, but the industry is pressing a third legal challenge. Here is a brief history of the initiative.
September 2006 - December 2006
New York City's first calorie-posting provision was proposed by the Health Department in September 2006 and adopted by the Board of Health in December 2006. Some key documents:
June 2007 - September 2007
In June 2007, the New York State Restaurant Association (NYSRA) filed a lawsuit in US District Court, claiming that the City’s new ordinance was preempted by federal law and, more broadly, that it violated the First Amendment. The court overturned the measure in September 2007, ruling that federal law preempted it as written. But the court affirmed the Board of Health’s authority to mandate calorie posting.
October 2007 - January 2008
In October 2007, the Health Department submitted a second calorie-posting proposal. The measure still required that certain restaurants post calorie information on menus and menu boards, but it was drafted to avoid overlap with existing federal laws. The Board of Health adopted the new proposal in January 2008.
February 2008 - May 2008
NYSRA sued again in February 2008, asking the US District Court to overturn the revised calorie-posting measure. This time the judge refused. After ruling in the City’s favor in April 2008, the district court also rejected NYSRA’s motion to block enforcement while it appeals the decision. The Second Circuit Court of Appeals also declined to stay the new measure. The calorie-posting rule took effect on April 30, 2008. The appeals court will hear NYSRA’s appeal this summer.
- • NYRSA Legal Complaint (PDF) - February 2008
- • DOHMH Commissioner Frieden declaration (PDF) -
February 2008
- • Statement from New York City Health Department Regarding Court Case on Calorie Posting Regulation - Press Release March 27, 2008
- • Court decision (PDF) - April 16, 2008
- • NYSRA Motion for Stay Pending Appeal (PDF) -
April 16, 2008
- • DOHMH Rebuttal (PDF) - April 17, 2008
- • Court decision - stay denied (PDF) - April 18, 2008
- • NYSRA motion to US Second Circuit Court of Appeals for stay pending appeal (PDF) - April 22, 2008
- • DOHMH Opposition to stay motion (PDF) - April 23, 2008
- • DOHMH Opposition to stay motion declaration
(PDF) - April 23, 2008
- • Opposition to stay motion NYSRA reply (PDF) - April
23, 2008
- • US Second Court of Appeals decision - stay denied
(PDF) - April 28, 2008
- • US Second Court of Appeals acknowledgements (NYC)
(PDF) - April 29, 2008
- • US Second Court of Appeals acknowledgements (NYSRA)
(PDF) - April 29, 2008
- • NYSRA Reply Brief (PDF) - May 23, 2008
- • US FDA Brief in Support of Court Decision (PDF) - May 29, 2008
