The rule, with the vote set for Tuesday, would make it so restaurants with more than 15 locations would be required to have complete calorie information for all items on their menus.
The restaurants representative has decided to fight the proposal, the New York Post reported,
"It is unfortunate that we are at the point that the restaurant industry, or parts of it, are so ashamed of what they are serving that they'd rather go to court than put (the information) where people would actually see it," said Health Commissioner Thomas Frieden.
When the plan first surfaced last year, it would have applied to about 2,300 places. The New York State Restaurant Association sued and Manhattan federal Judge Richard Holwell said the regulation applied to too few restaurants.
The city rewrote it so that the new regulation would affect about 10,000 restaurants and the vote will decide its fate.