Judge tosses NYC calorie-posting rule

September 11, 2007
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. 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.

Howell said that the rule conflicted with federal regulations because the rule wasn't mandatory for all restaurants. Federal regulations already advise restaurants how to post the information voluntarily.

The city law office did not immediately comment on how it would respond.

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