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New York City health officials won a big victory Wednesday when a federal judge upheld a regulation requiring some chain restaurants to post calories on menus.

U.S. District Judge Richard Holwell rebuffed a challenge from the New York State Restaurant Association, a trade group that argued the rule violates the First Amendment by forcing restaurants to “convey the government’s message regarding the importance of calories.”

The Department of Health and Mental Hygiene believes the regulation, which takes effect Monday, will help the city achieve its goal of reducing obesity. The judge agreed.

“It seems reasonable to expect that some consumers will use the information disclosed … to select lower calorie meals … and these choices will lead to a lower incidence of obesity,” Holwell said.

Chuck Hunt, executive vice president of the restaurant association’s New York City chapter, said it would ask the judge to stay his ruling pending an appeal. The health department said it would not start fining restaurants until June 3.

“We don’t object to people doing it voluntarily,” Hunt said Wednesday. “Our problem was the government agency forcing them to do it. We think restaurants should be able to determine from their customers how they want to get the information.”

The new rule applies to restaurants that are part of chains with at least 15 outlets nationwide. That includes fast-food places like McDonald’s and Wendy’s, as well as sit-down establishments like Olive Garden and T.G.I. Friday’s.
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