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Publication Date

2007

Abstract

Trans fat was developed by chemists at the turn of the century and became an increasingly large part of the American diet. Trans fat in the form of partially hydrogenated vegetable oil now makes up 2% of all calories consumed in the United States. In the past two decades, studies have shown that artificially created trans fat increases cholesterol and increases the risk of coronary heart disease, heart attack, and type II diabetes. In response to these health concerns, New York City's Board of Health voted to ban trans fat from restaurant fare in December 2006. Other cities and local governments, including Philadelphia,Pennsylvania, and Montgomery County, Maryland, quickly followed suit. This Note analyzes constitutional attacks that may be brought against a ban like New York City's and concludes that the ban falls under the city's police power because it preserves the health of the city's citizens. Further,this Note contends that New York City's ban will survive dormant Commerce Clause challenges because it does not discriminate against out-of- state food producers and the burden on interstate commerce is outweighed by the health benefits to the city's citizens.

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