In this comment letter, PLF informed the Food and Drug Administration that the menu labeling requirement violates the First Amendment. The First Amendment not only applies to laws that censor speech, but also to laws that compel speech. At a minimum, laws that force people to speak must directly advance a substantial governmental interest. The menu labeling requirement doesn’t do that. Rather, it forces restaurants and grocery stores to bear the costs of a law that, if anything, could decrease the number of healthy options they can provide to their consumers.
Good news may be on the way. The FDA has already decided to delay the implementation of the menu labeling rule. This administration may decide to scrap it altogether. If not, yet another constitutional challenge to Obamacare could be on its way.
Read the entire thing here.