The "fast food" New York will have to immediately post the calories in the meals they serve, said Tuesday the Court of Appeals for the Southern District of Manhattan after a few hours earlier granted a temporary suspension of this obligation. © AFP / April 29, 2008 - An appeals court in New York Tuesday temporarily suspended the requirement for fast food chains to post calories on menus, and should quickly return to the topic which opposes Union of restorers of the State of New York (NYSRA) to the city.
This measure, adopted by the Department of Public Health in New York "to fight against obesity" and its consequences for health, to take effect April 1, then on 14 and 25 after the grace periods in succession.
It requires restaurant chains with more than 15 institutions nationally to display the amount of calories in food and beverages served.
The parties' lawyers have objected for an hour Tuesday morning in a courtroom in lower Manhattan before a panel of three judges far from unanimous on the issue.
"I do not see how the fact to indicate the amount of calories in a dish restaurant bothers that much," said Judge Rosemary Pooler, who recalled that " many people continue to smoke despite the warnings displayed on cigarette packets.
Another judge, Chester Straub, was more conciliatory with restaurateurs. "Why the City of New York does it no suspension of that? You've waited years, a packet of chips more or less will not make much difference, "he told counsel for the City of New York who pleaded Tuesday.
Turnaround on the same day: In the morning, three judges heard the arguments for an hour of the warring parties, the Union of restorers of the State of New York (NYSRA) on one side and the Department Public Health of the City of New York the other, the latter seeking the immediate implementation of this by-law intended to fight against rising obesity.
The requirement is the fast food chains with over 15 institutions at the national level, MacDonald's, Domino's pizzas, Mexican chain "Chipotle" and other "TGI Friday".
Some stores such as Starbuck's coffee shops have already begun posting the amount of calories in dishes on labels on the packaging.
Other marks concerned, Dunkin'Donuts including McDonald's and are much more reluctant, and are represented in court by lawyers for the restaurant association, which counts 3,000 members for the City of New York and 7,000 in the state.
The court postponed to July 18 the date on which fines can be imposed for failure to comply with the bylaw, but refused to suspend the edict itself.
"Your honor, let us at least time, suspend the measure while we prepare the action on the merits," replied one of the lawyers for the restaurant.
The case has not yet begun to be argued on the merits, and may not be for several months.
Another judge, Chester Straub, was more conciliatory with conservators. "Why the City of New York she does not suspend enforcement? You've waited years, a packet of chips more or less will not make much difference," he told the lawyer the City of New York who pleaded Tuesday.
"If your honor, a few less calories a day makes all the difference. 10 million meals are served in New York every month. This is an important public health decision, and the city can no longer wait, "replied the lawyer.
During a press conference last September, the New York Mayor Michael Bloomberg defended the Battle of health services and said the city had "an obligation to tell people how to live better."
Obesity in 2004 touched 21.7% of the population of New York, more than 1.5 million people which represents an increase 70% in 10 years, according to medical studies.
In 2007, major restaurant chains accounted for over one third of all meals served in the metropolis. On average, a meal at these fast food exceeds at least 300 calories, sometimes double the amount of 750 calories per meal maximum recommended by nutritionists, according to the same school.
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