A federal judge ruled Wednesday that New York City could force fast-food chains to post calories on their menus. The regulation that Judge Richard J. Holwell upheld replaced a version that he had found last year to be pre-empted by the federal Nutrition Labeling and Education Act of 1990. Howell concluded that New York City Health Code §81.50 "is not preempted by the NLEA because that statute explicitly leaves to state and local governments the power to impose mandatory nutrition labeling by restaurants."
New York City Wins Bid to Force Fast-Food Chains to List Calorie Count on Menus
New York Law Journal
April 17, 2008