New York, NY – A restaurant industry trade group is suing New York City’s Board of Health to stop it from enforcing a new rule requiring many chain restaurants to post warnings on menu items that are high in sodium.
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The National Restaurant Association said on Thursday the Board of Health unfairly burdened restaurant owners and usurped the power of the popularly elected City Council by forcing restaurants with more than 15 locations nationwide to warn diners about salty foods.
Backed by Mayor Bill de Blasio, the rule, believed the first of its kind nationally, requires restaurants to post a salt shaker encased in a black triangle as a warning symbol next to any menu item with more than 2,300 milligrams (0.08 ounce) of sodium, the daily limit many nutritionists recommend.
New York City adopted the rule, which took effect on Tuesday, in an effort to help lower blood pressure and reduce the risk of heart attacks and strokes.
The rule also applies to concession stands at some movie theaters and sports stadiums. Violators would be punished by a $200 fine, starting on March 1, 2016.
In papers being filed with the state Supreme Court in Manhattan, the restaurant group likened the rule to former Mayor Michael Bloomberg’s failed effort to curb sales of sugary drinks larger than 16 ounces (473 milliliters).
“The regulation, like the Soda Ban before it, is completely arbitrary in its scope, reach, and application,” the group said. “With the Sodium Mandate, the Board has required the disclosure of just enough inaccurate and controversial information about sodium in certain food items to cause far reaching negative consequences rather than help consumers and reduce public health risks.”
The papers could not be independently verified in court records.
Nick Paolucci, a spokesman for the city’s law department, said: “We are confident that the Board of Health has the authority to enact this rule. We will review the specific claims once we are served with the lawsuit.”
Bloomberg was known for pushing health initiatives in New York. Some, including requiring fast-food restaurants to post calorie counts and banning smoking in public places, have found growing acceptance elsewhere.
The National Restaurant Association calls itself the world’s largest food service trade association, supporting more than 500,000 restaurant businesses.
The case is National Restaurant Association v. New York City Department of Health & Mental Hygiene et al, New York State Supreme Court, New York County.
This industry group is conveniently mixing apples with bananas. The soda legislation was intended to prevent the use of SNAP benefits for high-sugar drinks.
The salt legislation, however, is all about disclosure. No one is stopping anyone from eating whatever they want – they just have the right to know what they’re eating.
As there is an exemption for small restaurants, I don’t understand the basis of this suit. Are these chains afraid that people might change their eating habits? Isn’t that the purpose of the new regulations?
Consumers have a right to know what is in commercially prepared food. The FDA currently recommends a maximum of 2300 mg salt/sodium per day for adults but only 1500 mg maximum for senior adults. People on sodium restricted diets need to be especially careful about sodium/salt consumption. If putting an icon of a salt shaker on menu items high in soldium/salt is too expensive for restaurants to undertake, they certainly ought to post a sign in their window denoting which items are high in soldium/salt. A better option is for the cooks and chefs to prepare foods using less sodium/salt. I think the law suit in this article is frivolous and should be tossed out of Court. A much more expensive option is for consumers to stop eating out. Restaurants would certainly feel the pinch. A little common sense goes a long way.