It’s estimated that New Yorkers gained 10 million pounds throughout the past two years, enough unwanted weight to convince a federal judge that restaurant chains should do more to lighten their patrons’ load. Restaurant owners, however, say they are being force-fed an unappetizing regulatory menu as record numbers of Americans–and their employers–suffer the consequences of obesity.

Federal District Judge Richard J. Holwell in April upheld New York’s ordinance requiring McDonald’s, Burger King, Outback and other restaurant chains with 15 or more outlets across the country to include a calorie count with their menus. The New York State Restaurant Association (NYSRA) filed an immediate appeal, which was pending before the 2nd Circuit at press time.