Legal Opinion

New York State Restaurant Ass'n v. New York City Board of Health

Court of Appeals for the Second Circuit

Decided February 17, 2009No. Docket 08-1892-cvPublishedCited by 93 opinions

1Opinion of the Court

POOLER, Circuit Judge:

In this case, the New York State Restaurant Association (“NYSRA”), a not-for-profit business association of over 7,000 restaurants, challenges the constitutionality of New York City Health Code § 81.50, which requires roughly ten percent of restaurants in New York City, including chains such as McDonald’s, Burger King and Kentucky Fried Chicken, to post calorie content information on their menus and menu boards. See New York City, N.Y., Health Code tit. 24, § 81.50 (2008) (“Regulation 81.50”). NYSRA contends that Regulation 81.50 is unconstitutional because it is: (1)…

2Cases cited28 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

23 more not listed; retrieve them via the Exa API.

3Cited by93 opinions

  1. Federal Deposit Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2010
  2. Townsend v. BENJAMIN ENTERPRISES, INC.Court of Appeals for the Second Circuit · 2012
  3. Connecticut Bar Ass'n v. United StatesCourt of Appeals for the Second Circuit · 2010
  4. American Meat Institute v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 2014
  5. Koenig v. Boulder Brands, Inc.District Court, S.D. New York · 2014

88 more not listed; retrieve them via the Exa API.

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