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NYC Calorie-Posting Law Not Preempted: 2nd Circ.

Law360 (February 17, 2009, 12:00 AM EST) -- In the latest blow to the New York State Restaurant Association, a federal appeals court has affirmed that New York City's calorie-posting rule — the first in the nation — isn't preempted by federal law and doesn't violate the free-speech rights of chain restaurants.

The U.S. Court of Appeals for the Second Circuit affirmed on Tuesday a lower court's decision in favor of the city and against the NYSRA, in a long-running feud over the legality of the new calorie-posting provision of the city’s health code....
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