New York State Restaurant Association Victorious in Federal Suit

Striking Down New York City Menu Labeling Law, NYSRA applauds September 11, 2007 court decision as a victory for everyone who dines out

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ALBANY, NY (09/11/2007)(readMedia)-- The New York State Restaurant Association (NYSRA) applauded today’s United States federal court decision to strike down the New York City Department of Health’s proposed regulation which would have required certain restaurants to post giant menu boards with regimented caloric information. NYSRA had filed suit in federal court on June 15, 2007 seeking a summary judgment preventing the law from going into effect.

“This is a major victory for everyone who enjoys New York’s world-class restaurant scene,” said NYSRA President Rick Sampson. “This decision strikes a blow against big government trying to tell us what we can or cannot eat.”

NYSRA’s case challenged the New York City menu board labeling regulation scheduled to go into effect July 1, 2007, which dictated how restaurants must provide information to their customers. NYSRA argued that the New York City bureaucracy far exceeded its authority resulting in a detrimental impact on the restaurant industry that New Yorkers and all who visit so cherish.

NYSRA challenged the regulation two legal bases: first amendment abrogation; and federal pre-emption. The court agreed with NYSRA on the issue of federal pre-emption and rendered no opinion on the first.

Sampson said NYSRA member restaurants have already been providing nutritional information to customers in a variety of formats for years and will continue to do so.

A copy of the court decision can be downloaded from NYSRA’s web site at www.nysra.org.

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The New York State Restaurant Association, founded in 1935, is the leading business association for the restaurant and hospitality industry in New York State. Comprised of more than 56,000 restaurants, bars, clubs, New York restaurants represent more than 628,000 employees and sales of approximately $27 billion - making it the cornerstone of the economy, career opportunities and community involvement. Along with the New York State Restaurant Association and New York State Restaurant Association Educational Foundation, NYSRA and its chapters work to represent, educate and promote the rapidly growing hospitality industry. For more information, visit our Web site at http://www.nysra.org/.