New York State Restaurant Association v. New York City Board of Health
Encyclopedia
New York State Restaurant Association v. New York City Board of Health is a case decided by the Second Circuit United States Court of Appeals
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...

. The case arose after New York City passed a law in January 2007 to become the first American city to require restaurant chains to state the number of calories in everything on their menus. The New York State Restaurant Association
National Restaurant Association
thumb|National Restaurant Association logoThe National Restaurant Association is a restaurant industry business association in the United States, representing more than 380,000 restaurant locations. It also operates the National Restaurant Association Educational Foundation...

 (NYSRA) sued, arguing infringement of commercial freedom of speech under the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

. The NYSRA also argued that the Nutrition Labeling and Education Act
Nutrition Labeling and Education Act
The Nutrition Labeling and Education Act is a 1990 United States Federal law. It was signed into law on November 8, 1990 by President George H. W...

 (NLEA) of 1990 and FDA regulations preempted New York's calorie posting regulation. The Second Circuit rejected all of the Restaurant Association's claims and upheld the New York City law. Congressman Henry Waxman
Henry Waxman
Henry Arnold Waxman is the U.S. Representative for , serving in Congress since 1975. He is a member of the Democratic Party. He is considered to be one of the most influential liberal members of Congress...

, who was the NLEA's chief sponsor, joined an amicus brief in support of New York City's position and was represented by Public Citizen Litigation Group.

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