STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

NEW YORK STATE RESTAURANT 

ASSOCIATION, 

Plaintiff, : 

- against - No. 2007 Civ. 

NEW YORK CITY BOARD OF HEALTH, 

NEW YORK CITY DEPARTMENT OF HEALTH 

AND MENTAL HYGIENE, and Thomas R. Frieden, DECLARATION OF 

In His Official Capacity as Commissioner : KATHLEEN LeCLAIR 

of the New York State Department of Health 

and Mental Hygiene, 

Defendants. 

KATHLEEN LeCLAIR hereby declares under penalty ofperJ'ury as follows: 

1. I am the Manager of Commercialization for Dunkin' Brands, Inc. ("Dunkin' 

Brands"). Prior to taking that position, I was Manager of Research and Development. Roles 

previously held within Research and Development included Technologist, Senior Technologist 

and Research and Development Manager. I have been with Dunkin' Brands for six years. 

2. Dunkin' Brands has two major brands: Dunkin' Donuts and Baskin-Robbins. 

3. My department participates in generating the nutrition information that we 

voluntarily make available to the public though our website about all of our menu items. 

Dunkin' Brands posts on its website an extensive list ofnutrients for each menu item, including 

calories, calories from fat, total fat, saturated fat, trans fat, cholesterol, total carbohydrates, 

dietary fiber, sugar, protein, as well as the percentage daily values for vitamin A, vitamin C, 

calcium and iron. A copy of the list currently on the website is attached as Exhibit A. The list is 

very detailed and provides information for variations of each menu item, for example, tea with 

Case 1:07-cv-05710-RJH Document 12 Filed 06/18/2007 Page 1 of 3
tea with skim milk and sugar, tea with milk only. Dunkin' Brands website also provides 

consumers with a guide to the percentage daily values of each of seven main nutrients based on a 

2000 calorie a day diet: calories, total fat, saturated fat, cholesterol, total carbohydrates and 

dietary fiber, to assist customers in understanding how the nutrient values of the foods they select 

fit within their overall daily diet. 

4. Dunkin' Brands has created a Nutrition Advisory Board made up of company and 

outside participants with expertise in the fields of nutrition and medicine to, among other things, 

advise on menu design and effective methods of educating our consumers regarding nutrition. 

5. Dunkin' Brands disagrees with the purpose of Regulation 81.50 which was recently 

enacted by the New York City Department of Health. The regulation requires companies to 

emphasize the calorie content of items on the menu boards to the exclusion of other nutrient 

information that Dunkin' Brands believes is important for customers to pay attention to. We are 

concerned that some customers may make their purchasing decision based solely on the caloric 

content of a menu item and not consider that the item may have protein and other nutrients that 

may contribute to achieving a balanced diet. 

-2- 

Case 1:07-cv-05710-RJH Document 12 Filed 06/18/2007 Page 2 of 3
declare under penalty of perjury pursuant to 28 U.S.C. ~ 1746 that the foregoing is true 

and correct. 

Executed on June ~, 2007 

KATHLEEN 

-3- 

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