Without having to get into First Amendment issues, a federal judge agrees with the National Restaurant Association that New York City may not require fast-food restaurants that already have nutrition information available to post information about the calories in their products on menu boards. BUT: the judge also says that cities and states certainly can require calorie labeling as long as the rules apply to all chain restaurants with 10 or more outlets whether or not they make nutrition information available voluntarily. Good news? Will this encourage more cities to pass such rules? Can’t wait to see.

Here’s what the Wall Street Journal has to say about this. And the New York Times.

The New York City Health Department ruling that certain fast food places must post the calorie content of their products in some prominent place was supposed to go into effect in July but has been postponed as a result of litigation. An impressive group of public interest organizations–among them, Center for Science in the Public Interest, Public Citizen, and the American Public Health Association–has jointly filed the Waxman-Kessler et al Amicus Curiae Brief in the case. According to Assistant Commissioner Lynn Silver, Subways and Auntie Anne’s have already posted calories on menu boards. I think calorie labeling is worth a try. Most people do not have an intuitive feel for the number of calories in foods or the number they need, and are especially unable to predict the number of calories in larger size portions. Check it out and see if it makes a difference in what you choose.