Case Problem with Sample Answer—Food Labeling. The Nutrition Labeling and Education Act (NLEA) requires packaged food to have a “Nutrition Facts” panel that sets out “nutrition information,” including

“the total number of calories” per serving. Restaurants are exempt from this requirement. Before the 2010 health-care reforms provisions on menu labeling (see page 861), the NLEA also regulated nutrition-content claims, such as “low sodium,” that a purveyor might choose to add to a label. The NLEA permitted a state or local law to require restaurants to disclose nutrition information about the food they serve, but expressly preempted state or local attempts to regulate nutrition-

content claims. New York City Health Code Section 81.50 required 10 percent of the restaurants in the city, including McDonald’s, Burger King, and Kentucky Fried Chicken, to post calorie-content information on their menus.

The New York State Restaurant Association (NYSRA) filed a suit in a federal district court, contending that the NLEA preempted Section 81.50. (Under the U.S. Constitution, state or local laws that conflict with federal laws are preempted.) Was the NYSRA correct? Explain. [New York State Restaurant Association v. New York City Board of Health, 556 F.3d 114 (2d Cir. 2009)] (See pages 860–861.)

—For a sample answer to Problem 33–3, go to Appendix H at the end of this text.