Ohio Judge Gets Behind Cleveland’s Trans Fat Ban

[WSJ Law Blog]

An Ohio judge ruled that Cleveland was within its powers to pass a ban on the use of trans fatty cooking oils in restaurants.



In June 2011, two months after Cleveland passed its law, the Ohio Senate amended the state budget to prohibit municipalities from regulating the ingredients eateries use to prepare food — a victory for the Ohio Restaurant Association, which lobbied for the measure.

In January, Cleveland sued the state, making a federalism argument in miniature. Telling Cleveland how to regulate food within its borders, the city argued, amounted to a preemption of its home rule powers under the state constitution.

On Monday, Cuyahoga County Judge Nancy Russo sided with the city, finding that the Cleveland was within its powers to outlaw trans fatty cooking oils.

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