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Reply #2: Some indications here: [View All]

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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-03-09 02:35 PM
Response to Reply #1
2. Some indications here:
She joined a ruling here that denied the New York State Restaurant Association's argument that regulations requiring nutritional content information on their menus violated the restaurant's first amendment rights:

In this case, the New York State Restaurant Association (NYSRA), a not-for-profit
business association of over 7,000 restaurants, challenges the constitutionality of New York City
Health Code 81.50, which requires roughly ten percent of restaurants in New York City,
including chains such as McDonalds, Burger King and Kentucky Fried Chicken, to post calorie
content information on their menus and menu boards...

although the restaurants are protected by the Constitution when they engage in commercial
speech, the First Amendment is not violated, where as here, the law in question mandates a
simple factual disclosure of caloric information and is reasonably related to New York Citys
goals of combating obesity...

For the reasons stated above, we reject NYSRAs challenge to Regulation 81.50 because
we conclude that it is not preempted by the NLEA and does not violate NYSRAs member
restaurants First Amendment rights. Because this panel did not grant a stay of enforcement of
the district courts order and NYSRA and its member restaurants are complying with Regulation
81.50, or facing fines for non-compliance, no further action is required by this Court.
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