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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.
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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.
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