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NYC's calories-on-menus law upheld
AP via SFGate ^ | 4/16/8 | COLLEEN LONG, Associated Press Writer

Posted on 04/16/2008 10:52:44 AM PDT by SmithL

New York (AP) -- A federal judge on Wednesday upheld a city regulation requiring calories to be posted on the menu boards of some chain restaurants, calling the rule a reasonable approach to health officials' goal of reducing obesity.

The judge turned back a challenge from the New York State Restaurant Association, a voice for the food service industry.

"It seems reasonable to expect that some consumers will use the information disclosed ... to select lower calorie meals ... and these choices will lead to a lower incidence of obesity," U.S. District Judge Richard Holwell said.

New York City's Department of Health and Mental Hygiene believes the regulation, which takes effect Monday, will prevent 130,000 New Yorkers from becoming obese and will stop another 30,000 from developing diabetes over the next five years.

"We just want people to have the information available to them to make healthful decisions," said health department spokeswoman Jessica Scaperotti.

The new rule applies to restaurants in the city that are part of chains with at least 15 outlets across the country. That includes fast-food places like McDonald's and such sit-down chains such as Olive Garden and T.G.I. Friday's.

The city Board of Health voted unanimously in January to approve the regulation, a new version of a rule that had been struck down by a judge last year after a challenge from the restaurant association.

(Excerpt) Read more at sfgate.com ...


TOPICS: Extended News; Government; US: New York
KEYWORDS: activistjudge; calories; nannystate; obesity
Some consumers will use the information. Sure, why not?
1 posted on 04/16/2008 10:53:04 AM PDT by SmithL
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Holwell, Richard J.
Born 1946 in New York, NY

Federal Judicial Service:
Judge, U. S. District Court, Southern District of New York
Nominated by George W. Bush on January 7, 2003, to a seat vacated by Barrington D. Parker, Jr.; Confirmed by the Senate on September 17, 2003, and received commission on September 22, 2003.

Education:
Villanova University, B.A., 1967

Columbia University School of Law, J.D., 1970

Cambridge University School of Criminology, 1971

Professional Career:
Private practice, New York, NY, 1971-2003


Race or Ethnicity: White

Gender: Male

2 posted on 04/16/2008 10:53:44 AM PDT by SmithL (Reject Obama's Half-Vast Wright-Wing Conspiracy)
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To: SmithL

And how do you propose that restaurants determine the calorie count of a particular dish?


3 posted on 04/16/2008 10:55:37 AM PDT by LIConFem (Thompson. Lifetime ACU Rating: 86 -- Hunter Lifetime ACU Rating: 92 (any combo will do, fellas))
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To: SmithL

Why not just give the businesses that volunteer to do so a tax cut.


4 posted on 04/16/2008 10:59:06 AM PDT by CindyDawg
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To: SmithL

“New York City’s Department of Health and Mental Hygiene believes the regulation, which takes effect Monday, will prevent 130,000 New Yorkers from becoming obese and will stop another 30,000 from developing diabetes over the next five years. “

And where do they get these figures??


5 posted on 04/16/2008 10:59:44 AM PDT by keepitreal
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To: SmithL

This should go under the heading of “dumb white guys”

Of which there seems to be no end to.


6 posted on 04/16/2008 10:59:48 AM PDT by tueffelhunden
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To: keepitreal
And where do they get these figures??

If I tell....................I'll get banned.

7 posted on 04/16/2008 11:02:06 AM PDT by Gabz (Don't tell my mom I'm a lobbyist, she thinks I'm a piano player in a whorehouse)
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To: SmithL

Nexst I suppose that people who cook and bake at home will have to provide calorie counts and other nutritional information for family members!

Grandmothers will be arrested for baking chocolate chip cookies with their grandchildren!


8 posted on 04/16/2008 11:02:41 AM PDT by Alouette (Vicious Babushka)
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To: SmithL

Dear Sir Or Madam, do you have a license to order some fries to go with that cheeseburger?

Big Brother Loves You, but only if you don’t cost money.


9 posted on 04/16/2008 11:06:36 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Alouette

Mame do you have a license to operate that Kitchen in your home?


10 posted on 04/16/2008 11:08:47 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SmithL

I read labels so this is useful information to me. I look it up online from time to time.


11 posted on 04/16/2008 11:11:39 AM PDT by JZelle
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To: SmithL
A federal judge on Wednesday upheld a city regulation requiring calories to be posted on the menu boards of some chain restaurants, calling the rule a reasonable approach to health officials' goal of reducing obesity.

Why not? Because it is not universally applied. Some restaurants are more equal than others.

Those ritzy posh restaurants should be required to include the fat and calorie count of their dressings, desserts, etc. Plus the competition will be interested to learn their secret ingredients.

12 posted on 04/16/2008 11:13:49 AM PDT by weegee (Religion is the opiate of the masses MARX1843 They get bitter, they cling to...religion OBAMA2008)
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To: SmithL
Considering that I am developing a large bulge just above my belt, calory counting is a way of life for me also. I like the idea and wish that we had the same here in Maryland.
13 posted on 04/16/2008 11:15:48 AM PDT by ANGGAPO (LayteGulf BeachClub)
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To: ANGGAPO
Sorry——Calorie
14 posted on 04/16/2008 11:18:51 AM PDT by ANGGAPO (LayteGulf BeachClub)
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To: ANGGAPO
Sorry——Calorie
15 posted on 04/16/2008 11:18:55 AM PDT by ANGGAPO (LayteGulf BeachClub)
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To: ANGGAPO

Thank You for your order. It has been sent to the Lab and you should receive your meal in 6-8 weeks.


16 posted on 04/16/2008 11:29:57 AM PDT by massgopguy (I owe everything to George Bailey)
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To: SmithL

I suspect some chains like TGIF will simply leave.


17 posted on 04/16/2008 11:30:41 AM PDT by ears_to_hear
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To: ANGGAPO

Have you talked to any non-chain restaurants about providing this sort of information?

Why should it take a law to require compliance? Why not have commercial support of the business that do business as you request?


18 posted on 04/16/2008 11:39:38 AM PDT by weegee (Religion is the opiate of the masses MARX1843 They get bitter, they cling to...religion OBAMA2008)
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To: LIConFem
And how do you propose that restaurants determine the calorie count of a particular dish?

The same way that Democrats create budgets: "GUESS"

19 posted on 04/16/2008 11:43:37 AM PDT by gunservative
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To: SmithL
A federal judge on Wednesday upheld a city regulation requiring calories to be posted on the menu boards of some chain restaurants

If it is for our good, shouldn't ALL restaurants be required to do this?

Just more liberal do-goodism that doesn't really do any good.

20 posted on 04/16/2008 11:46:25 AM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: keepitreal
And where do they get these figures??

They pull them out of their hind quarters.

21 posted on 04/16/2008 11:47:11 AM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: MEGoody
I suspect it is based on the size of the chain.

The costs of determining the calorie count for the items on the menu is spread out among all the restaurants in the chain.

The law places a higher burden on single restaurants and small chains than it does on large ones.

22 posted on 04/16/2008 11:56:32 AM PDT by untrained skeptic
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To: CindyDawg

***Why not just give the businesses that volunteer to do so a tax cut.***

How true.

It costs the restaurants more to decide how many calories are in each dish, and still more to print up the information for the customers.


23 posted on 04/16/2008 12:00:26 PM PDT by kitkat
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To: SmithL
Just another liberal assault on big business. Nothing to see here move along.
24 posted on 04/16/2008 12:04:10 PM PDT by kublia khan (Absolute war brings total victory)
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To: SmithL

I think all courts should post a list of a judge’s political patrons,political donations and past rulings. Just to be fair.


25 posted on 04/16/2008 12:11:54 PM PDT by OeOeO
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To: kitkat

Let the board of health weigh the list of calories, they seem to have time on their hands. Or better yet mandate that restaurants offer a uniform diet of gruel.


26 posted on 04/16/2008 12:18:59 PM PDT by OeOeO
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To: keepitreal
“New York City’s Department of Health and Mental Hygiene believes the regulation, which takes effect Monday, will prevent 130,000 New Yorkers from becoming obese and will stop another 30,000 from developing diabetes over the next five years. “

And where do they get these figures?

They make them up.

HTH

27 posted on 04/16/2008 12:19:08 PM PDT by mountainbunny
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To: OeOeO
I think all courts should post a list of a judge’s political patrons,political donations and past rulings. Just to be fair.

...it seems reasonable to expect that some consumers will use the information disclosed

28 posted on 04/16/2008 12:23:56 PM PDT by SmithL (Reject Obama's Half-Vast Wright-Wing Conspiracy)
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To: mountainbunny

Between 86.7% and 92.4% of all statistics you read in the MSM, or on the Internet are just made up on the spot.


29 posted on 04/16/2008 12:45:56 PM PDT by USFRIENDINVICTORIA
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To: longtermmemmory

Do you think they are going to require a registration and waiting period for Cuisinarts and Kitchen Aids?

Viking—that’s the Mossberg of mixers.


30 posted on 04/16/2008 2:17:05 PM PDT by Alouette (Vicious Babushka)
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To: SmithL
Isn't it lucky that our Founders didn't bother to write an amendment along the lines of: "Congress shall make no law abridging the freedom of the people to buy or sell food."

I'm sure they would have recognized that there is no right to buy or sell food. If the government decides it is in the interests of the people, all food sales shall be halted. Every single person that I know of who has died, ate food at some time in their lives. It's very dangerous stuff.

31 posted on 04/16/2008 3:41:01 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: SmithL

If New York City government does something, that automatically makes it a bad idea.


32 posted on 04/17/2008 12:05:25 PM PDT by microgood
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