The regulation only applied to restaurants that already voluntarily make their nutritional information public by posting it on websites, posters or tray liners, which is a little more than 10 percent of the city’s eateries. The city said it proposed the regulation to counteract NYC’s “obesity epidemic,” citing that more than [half of New Yorkers are overweight or obese.
The city argued that consumers would probably decrease their intake if they knew how many calories they were eating. However, Judge Howell said the city could require all restaurants to post the caloric contents of their food, but couldn’t only single out those who do it voluntarily and tell them how to do it. Stupid anti-Fascist judge.