Following several studies saying New Yorkers are gaining weight and being diagnosed with diabetes at a higher rate than the rest of the nation, a federal court has upheld a decision by the New York City to require calories to be posted on the menu boards of some chain restaurants.

The decision, by Judge Richard J. Holwell of the United States District Court in Manhattan, says any chain with at least 15 outlets nationwide would have to display calorie counts on menu boards, menus or food tags. Therefore, this rule applies to roughly 2,000 restaurants or about 10 percent of the 23,000 in the city.

“It seems reasonable to expect that some consumers will use the information disclosed…to select lower calorie meals…and these choices will lead to a lower incidence of obesity,” Holwell said, as quoted by the Associated Press.

The judge noted that 56.1 percent of New York City’s population was overweight or obese and that restaurants play an increasingly large role in an individuals’ diet.

The decision rejected First Amendment claims by the New York State Restaurant Association, which maintained that the mandatory labeling requirements were impermissible.

Chuck Hunt, executive vice president of the restaurant association’s New York City chapter said it would ask the judge to stay the ruling pending an appeal. However, the health department said it would not start fining restaurants until June 3.

“We are obviously disappointed in the judge’s ruling. We continue to say that each restaurant should make decisions about the best way to provide this nutritional information to their customers. Most of these restaurants that are being affected were already providing this information, but in a different format,” Mr. Hunt said quoted by the New York Times.

On the other hand, the city’s health commissioner, Dr. Thomas R. Frieden, welcomed the court’s decision. “Today’s decision is a victory which will give New Yorkers the calorie information they need – where they need it – to make informed, healthier choices,” he said. It "could prevent at least 150,000 New Yorkers from becoming obese and prevent at least 30,000 New Yorkers from developing diabetes and other health concerns over the next five years," he added.