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Posted: Friday, 18 April 2008 9:44PM

Judge Refuses to Stop Calories-On-Menus Regulation

NEW YORK (AP)  -- A federal judge on Friday refused to stop a city health regulation from taking effect that requires some chain restaurants to post calories on menus.

The New York State Restaurant Association, an industry trade group, had asked for a stay as it appealed a decision this week by U.S. District Judge Richard Holwell on the regulation.

The association argued that the rule violates the First Amendment by forcing restaurants to ``convey the government's message regarding the importance of calories.''

Holwell said in his ruling that he anticipated an appeal to a higher court. The regulation, set to take effect Monday, cannot be enforced until after Friday of next week. No fines can be issued until June 6.

A message left with the Restaurant Association was not immediately returned.

Holwell ruled in favor of the Department of Health and Mental Hygiene on Wednesday, saying the regulation will help the city achieve its goal of reducing obesity.

The new rule applies to restaurants that are part of chains with at least 15 outlets across the country. That includes fast-food places like McDonald's, as well as sit-down eateries like Olive Garden and T.G.I. Friday's.

Some establishments, including Starbucks and Chipotle, have already started to post calorie information.

According to the health department, more than half of New Yorkers are overweight or obese. Officials believe the regulation will prevent 150,000 New Yorkers from becoming obese and will stop another 30,000 from developing diabetes and other health concerns over the next five years.

The city Board of Health voted unanimously in January to approve the rule, a new version of a regulation struck down by Holwell last year after a challenge from the restaurant association. Holwell said at the time that the earlier version conflicted with federal food labeling laws.

New York City is believed to be the first U.S. city to enact a regulation requiring calories on menus. Since then, California lawmakers and those in King County in Washington, which includes Seattle, have considered similar bills.


(TM & Copyright 2008 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & EYE Logo TM & Copyright 2008 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report. In the interest of timeliness, this story is fed directly from the newswire and may contain occasional typographical errors.)
 
 
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