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The city of Cleveland sued the state of Ohio on Tuesday for the right to ban the sale of prepared foods that contain artery-clogging trans fats.
The city filed suit in Cuyahoga County Common Pleas Court seeking to invalidate the state law blocking the ban.
Mayor Frank Jackson said in announcing the lawsuit that the law unconstitutionally takes away the city's home rule rights.
The city ordinance passed last year would ban industrially produced trans fats in restaurant meals and grocery and bakery takeout items.
"Trans fats are not essential to our health and in fact do not promote health," said Councilman Joe Cimperman, who chairs the council's Public Health Committee.
The Ohio Restaurant Association backed the state legislation and said it will mean consistent statewide regulations.
"The Ohio Restaurant Association believes that the new law enacted as part of the budget will help restaurants expand and, most importantly, create more jobs," association communications director Jarrod A. Clabaugh said in an email.
In 2006, the federal government began requiring packaged foods to list trans fats on nutrition labels. U.S. Dietary Guidelines call for keeping levels as low as possible.