NEW YORK A federal appeals court has denied the restaurant industry’s request to block New York City officials from fining restaurants as of July 19 for failing to comply with the city’s calorie-disclosure requirement.
The New York State Restaurant Association had asked the U.S. Court of Appeals for the Second Circuit here to extend the “no-fine” period because its appeal of the disclosure mandate is still pending. The law, which requires local units of chains with at least 15 branches nationwide to post calorie counts on their menus and menu boards, has been in effect since May 5. But New York City health officials had agreed not to fine restaurants found to be in violation of the mandate until July 19. The fines would range from $200 to $2,000.
“We are pleased that the city can move forward as planned to ensure compliance,” said health commissioner Thomas R. Frieden. “This important provision will help protect the health of New Yorkers.”
Earlier in June, local health officials indicated that only about 25 percent of the estimated 2,000 restaurants covered by the law had met its disclosure requirements.
The calorie rule was upheld in federal court in April despite multiple challenges by the restaurant association. The NYSRA’s pending appeal contends that the law is a violation of restaurateurs’ freedom of speech, since it dictates how they can convey calorie information. Other areas have approved menu-labeling requirements that give restaurants a variety of ways to provide the nutrition information.
The board of health said it does not expect a decision to be reached by the court on the NYSRA’s action for at least several weeks.