Case Problem with Sample Answer 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.

The NLEA also regulates nutrition-content claims, such as “low sodium,” that a purveyor might choose to add to a label. The NLEA permits a state or local law to require restaurants to disclose nutrition information about the food they serve, but expressly preempts state or local attempts to regulate nutrition-content claims. New York City Health Code Section 81.50 requires 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) fi led a suit in a federal district court, contending that the NLEA preempts Section 81.50. (Under the U.S. Constitution, state or local laws that confl ict with federal laws are preempted.) Is the NYSRA correct?

Explain. [New York State Restaurant Association v. New York City Board of Health, 556 F.3d 114 (2d Cir. 2009)]

—After you have answered Problem 33–6, compare your answer with the sample answer given on the Web site that accompanies this text. Go to www.cengage.com/blaw/blt, select “Chapter 33,” and click on “Case Problem with Sample Answer.”