Fast-Food Calorie Law Goes Into Effect in New York City

by Deepak Gupta

Did you know that a smoked turkey sandwich (930 calories) at Chili's has more calories than a sirloin steak (540 calories)?  Or that a large milk shake from Mc Donald's has over 1,000 calories, about half a day's recommended amount? Or that two jelly-filled doughnuts at Dunkin' Donuts have fewer calories than a sesame bagel with cream cheese?   

New Yorkers are about to find out. Thanks to an order from the Second Circuit issued late yesterday afternoon (the same day as oral argument on a stay motion), New York City's landmark calorie law is now in effect.  The law requires large fast-food chains to post calorie information about standardized food items on their menus, so consumers can make healthier choices about their diets.  You can still choose that gut-busting 1,500-calorie meal, of course, but you won't be able to say you didn't know what you were getting into.

Yesterday's order is the latest development in an ongoing legal food fight over the new law, about which we've blogged here before. The New York State Restaurant Association has been challenging the City's measure on two grounds: (1) that it's preempted by the Nutrition Labeling and Education Act (the federal statute that requires the Nutrition Facts Panel on the packaged foods you buy at the supermarket) and (2) that it violates the fast food chains' right to free speech under the First Amendment, because it requires them to disclose information to consumers that they'd rather not disclose.  The first time around, they won a pyrrhic victory from the district court, which held that a minor quirk of the rule rendered it preempted but that the substance of the rule passed muster; the City fixed that quirk and the restaurant association sued again.  On April 16, U.S. District Judge Richard Holwell issued a very careful, thorough decision rejecting the restaurant association's preemption and First Amendment theories. Two days later, the judge issued another thoughtful opinion, denying the restaurant association's request for a stay pending appeal.

Public Citizen has been participating actively in this litigation. We twice filed friend-of-the-court briefs and presented oral argument, explaining to the court that the NLEA expressly leaves cities and states free to regulate nutrition labeling in restaurants and that the First Amendment does not prevent reasonable commercial disclosure requirements. (Public Citizen's briefs were joined by a distinguished list of amici, including Rep. Henry Waxman, who was the author of the NLEA, former FDA Commissioner David Kessler, the Center for Science in the Public Interest, the American Diabetes Association, the American Medical Association, as well as other health groups and several of the nation’s leading professors of nutrition and public health.)

So what now?  The restaurant association's last hope to knock out the law is their appeal to the Second Circuit, which now goes forward on a very expedited schedule: Briefing will take place in May and oral arguments will be heard the week of June 9.  Meanwhile, lawmakers in Seattle and San Francisco have enacted similar laws and several cities, counties, and states around the country are considering doing the same. Stay tuned; we'll let you know what happens next.

Comments

[Fitness Equipment]

Nice Post. Here is a fitness tip for all:

Water Works for Weight Loss

Nothing quells the appetite like water, lots and lots of water. Start out with two quart bottles in the morning and carry one with you to work or wherever you go. If you like, divvy up the 64 ounces of water into eight (8-ounce) bottles or four pint (16-ounce) bottles to carry around with you all day. Freeze half of them the night before and they will last all day, even in a hot car. Keep some unfrozen so they will be ready to drink immediately. Yes. You will have to make more frequent bathroom trips, but it is worth it. Drink your 64 ounces of water before dinner, if possible, so you're not up half the night going to the bathroom. Water not only fills you up and lessens your appetite, it prevents those "hungry horrors" we all encounter when our blood sugar drops and we reach for cookies, candy, ice cream, fries or other high-calorie treats. Water also flushes out the system, rids the body of bloat and toxins and rosies up the complexion. Now, start splashing.

[Kristi]

I did an article about eating healthy last week and I was trying to list some things that can be compared to "bad foods" and good foods. Suprisingly even subs from Subway are HIGH in fat and carbs (obviously).

I think people think that just because Jared lost weight eating Subway (supposedly) that means they can eat a foot long sub every day for lunch lol.

IT DOESNT! If you really want to lose weight take out the carbs, fat and sugar and exercise!

Fitness Equipment: Theres also such a thing as drinking TOO much water!

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[No Fax Payday Loans]

I love eating, that’s why I agree with the calorie law that will be imposed. People will have the right choice of food that is healthy and they won’t be able to blame those fast foods they have eaten of if they would feel something bad in their health. Speaking of having the right choice or making a right choice, there are some people who committed mistakes when it comes on choosing their payday loan companies. As the result was they were now a having piles of payday loans and some are put into debt. There are articles on this site that discuss about the pros and cons of having loans: http://personalmoneystore.com/moneyblog/. It also tackles about No Fax Payday Loans.

[Payday Loan Advocate]

We have to take good care of our body. We have to eat balanced diet. We don't want to encounter problems related to our health, right? Eating nutritious foods can help you to be strong, alert and healthy. I believe that "health is wealth." Nowadays,we encounter the price increase in the basic commodities in life but then eventhough it happens we have to be sure that we eat the nutritious food that fits to our body for us to become healthy. If we got sick by not eating the right foods, it will result to a big problem.And that is the financial crisis.

[Lose Weight Fast]

Wow. That's crazy, but so cool.

I'm glad that they have to do this.
But I think it's cool anyway to know.
Maybe I am just nosey.

Kenney

[Payday Loan Advocate]

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[Lap Band]

I am so glad they are requiring the calorie count of fast food posted now. So many americans are suffering for obesity each day and having this information available to consumers give them the power to make better food choices for a healthy well being.

[Fast Payday Loan]

In the classic novel, Brave New World, author Aldous Huxley warns his readers of what could happen if the government gained total control of our daily lives. First published in 1932, Huxley wrote the book trying to imagine how his hometown of London might be in the year 2540, based on the increasing number of programs to end war, conflict, suffering, and antagonistic (aka: “free”) thought. In other words, the book is a portrayal of what the world would look like if the voice of the people was ignored, and people could not live free of the government. Huxley had and continues to have many critics. Several government programs and policies have been put into place that have structured America into a place very similar to Huxley’s 2540 London. It’s true that the communist and socialist ideals have been present in America for years, but never have these movements been too prevalent—until now.

[How to Lose Weight Fast]

Wonderful post. Right now I'm on a seafood lose weight diet. I see food and I eat it. :-)) I also liked your style of writing, keep up the good work, I’ll be back to read more. /Pat