In February, a New York state judge upheld the rule, knocking down a
challenge by the National Restaurant Association. But the Appellate
Division, First Department, temporarily stopped New York City from
enforcing it. The court lifted has now lifted that interim order.
The rule, believed to be the first of its kind in the United States,
requires city restaurants with 15 or more locations nationwide to
post a salt shaker encased in a black triangle as a warning next to
menu items with more than 2,300 milligrams of sodium, the daily
limit recommended by the federal government.
Violators will be subject to $200 fines. A spokesman said the city
would begin enforcement on June 6.
New York City Mayor Bill de Blasio said he was pleased with the
court's ruling on what he called a "common sense" regulation.
"New Yorkers deserve to know a whole day's worth of sodium could be
in one menu item, and too much sodium could lead to detrimental
health problems," de Blasio said in a statement.
Christin Fernandez, a spokeswoman for the National Restaurant
Association, said that, while the decision means restaurants will
have to comply with what she called an "unlawful and unprecedented"
rule, the trade group continued to move forward with its appeal.
The group has argued the rule is arbitrary and causes confusion for
consumers. In February, Justice Eileen Rakower of state Supreme
Court in Manhattan found the city's Board of Health within its
rights to adopt the rule, which took effect in December, to help
lower blood pressure and reduce the risk of heart attacks and
strokes.
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The sodium warning follows public health crusades by the city under
former Mayor Michael Bloomberg. In 2003, the city banned smoking in
bars and restaurants that had not been covered by previous
no-smoking laws. Three years later, the city voted to ban transfats
in restaurants and amended the health code to require chains to post
calorie counts.
In 2012, Bloomberg also proposed a ban on selling sugary drinks
larger than 16 ounces (0.5 liters), but it was eventually struck
down by the state's highest court.
Unlike the failed soda ban, Rakower noted, the salt rule did not
restrict the use of sodium.
(Reporting by Karen Freifeld; editing by Dan Grebler and Alan
Crosby)
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