NCCR has been playing a leadership role by serving as the chief media contact for the chain restaurant industry regarding a lawsuit filed in New York City which challenges a menu labeling regulation adopted by the City’s Board of Health.

The Board of Health adopted the regulation last December and scheduled its rollout for July 1, 2007.  The regulation essentially requires any chain restaurant which was providing nutritional information as of March 1, 2007 to now highlight – ON MENU BOARDS – the caloric content of all menu items.  The caloric information must be in the same font size as the item’s price.  A lawsuit was filed in June by the New York State Restaurant Association challenging the regulation.  As a result, the Board of Health delayed the effective date of the regulation until October 1, 2007.

A hearing was held on July 25 in federal district court in New York City where oral arguments were made by both sides.  The presiding judge made no ruling at the conclusion of the hearing.  A ruling is anticipated in the next few weeks.

NCCR President Jack Whipple has been interviewed on Good Morning America, CNBC and Cox broadcasting stations as well as by the Associated Press.  Whipple has consistently stated that the chain restaurant industry opposes the regulation because many chain restaurants have been voluntarily providing comprehensive nutritional information (including calories) for many years.  In addition, the regulation only affects 10% of all New York City restaurants (chains), while not imposing the same mandate on the remaining 90% of the City’s restaurants.