This is a lawsuit brought by the fast-food industry challenging San Francisco's menu labelling rule, which requires chain restaurants to post the number of calories in its food on menu boards. The industry claims that the rule is preempted by the federal Nutrition Labeling and Education Act (NLEA),which requires nutrition labeling of packaged foods but exempts restaurant food from those requirements. The industry also claims that the law violates the First Amendment rights of the fast-food restaurants because it forces them to deliver a "message" with which they disagree.
Public Citizen filed an amicus brief in support of San Francisco, along with Congressman Henry Waxman, the chief sponsor of the NLEA in Congress, David Kessler, M.D., the FDA Commissioner at the time the NLEA was passed, Center for Science in the Public Interest, American College of Preventive Medicine, American Diabetes Association, California Center for Public Health Advocacy, Trust for America's Health, and professors of medicine, nutrition, and public health. |
