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UPDATE: NYC denies labeling loophole to Wendy's, but White Castle may prevail

NEW YORK New York City officials said the recent attempt by Wendy’s International to dodge the menu-labeling requirement that takes effect here this summer is not going to work. But the outcome but a similar try by the White Castle chain is apparently still in question.

The two quick-service burger chains had yanked in-store caloric profiles of their food from units in the five boroughs last week in hopes of escaping a requirement to post the information on their menu boards by July 1, as specified under regulations adopted in December by the city's health department. The rules state that the calorie breakdowns will have to be displayed on menu boards by any chain restaurant that made the information available in any form as of March 1. Wendy's and White Castle had ceased making that information available by Feb. 28.

Wendy's also posted a notice on its website that nutritional information could not be provided to "residents or customers in New York City," even though the data was readily available to those and other visitors elsewhere on the site.

But the Department of Health and Mental Hygiene said the evasions would not exempt the chains because they were making calorie-content information available elsewhere in the country.

However, White Castle later said that it had indeed ceased providing that information in any of its stores and via the internet, thereby meeting the criterion voiced by the health department. The agency had yet to decide on the matter by press time.

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