A New York City Health Department rule requiring larger chain restaurants to post warnings about high-salt foods, including a salt shaker icon on the menu, was within the agency’s authority, an appeals court has decided.
A unanimous Appellate Division, First Department, panel ruled Feb. 10 in National Restaurant Association v. NYC Department of Health and Mental Hygiene, 654024/15, that the 2015 “sodium warning rule” did not violate separation of powers; was not arbitrary and capricious; was not pre-empted by federal law; and didn’t violate First Amendment rights of restaurants in the National Restaurant Association.
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