Christopher Banthin, “How Many Calories in that Big Apple?: New York City’s First in the Nation Calorie Disclosure Law,” PHAI Case Study

The Public Health Advocacy Institute (PHAI) recently posted a case study that discusses the process which led to the adoption of a restaurant calorie disclosure law in New York City. Funded by the Robert Wood Johnson Foundation’s Public Health Practice & Policy Solutions, the case study focuses on threats of litigation that arose throughout the law’s development and adoption, noting that public health officials considered this possibility early in the process and ultimately prevailed by adopting a broad-based law that survived legal challenge. The article relies on media coverage, legislative materials, scholarly articles, legal filings, and judicial opinions to recommend how other local authorities can prepare to support similar initiatives. While “interviews with opponents were not conducted,” the author did consult in-depth with the law’s proponents in preparing the analysis.

PHAI is headed by anti-tobacco attorney and law professor Richard Daynard. It has conducted a number of conferences for lawyers, academics and public health decision makers to consider ways to address obesity, including litigation.