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On Monday, a New York court upheld the decision in New York State Restaurant Ass’n v. New York City Board of Health, 2008 WL 1752455 (S.D.N.Y.). The City of New York passed a regulation requiring all restaurants with more than 15 locations nationally to post nutritional information for their menu items.
Obviously, the New York State Restaurant Association filed an appeal. Their appeal was denied and the original decision was upheld. Rebecca Tushnet, a Georgetown Law professor has legal analysis of the decision over on her blog: http://tushnet.blogspot.com/2008/04/nyc-calorie-disclosure-regulation.html.
Now, I’m not a lawyer, but I think it’s just a matter of time before more cities or states pass similar legislation. As we’ve seen in the past, what happens in New York, Florida, or California sets a precedent for the rest of the country. I think this is a good thing for consumers. Obviously, consumers need to take some responsibility for their health, but it’s easier to take responsibility when the information is available.
The one drawback I see to this, is that food prices at restaurants and fast-food places are likely to go up. Food prices at the grocery store are already high (how come no one complains about the price of milk?), and I expect that restaurant prices will follow suit. Now, restaurant chains have “justification” for changing their prices, since they will have to change their menus and signage.