Food Labeling. The Nutrition Labeling and Education Act (NLEA) requires packaged food to have a “Nutrition Facts” panel that sets out “nutrition information,” including “the total number of calories” per serving. Before the 2010 health-care reforms enacted provisions on menu labeling (see page 553), restaurants were exempt from this requirement. The NLEA also regulated nutritional content claims, such as “low sodium,” that a purveyor might choose to add to a label. The NLEA permitted a state or city to require restaurants to disclose nutrition information about the food they serve, but expressly preempted state or local attempts to regulate nutritional content claims. New York City Health Code Section 81.50 requires 10 percent of the restaurants in the city, including McDonald’s, Burger King, and KFC, to post calorie content information on their menus. The New York State Restaurant Association (NYSRA) filed a suit in a federal district court, contending that the NLEA preempts Section 81.50. (Under the U.S. Constitution, state or local laws that conflict with federal laws are preempted.) Was the NYSRA correct? Explain. [New York State Restaurant Association v. New York City Board of Health, 556 F.3d 114 (2d Cir. 2009)
