The Institute of Medicine (IOM) held an open session on April 9, 2010, to gather information on front-of-package (FOP) nutrition rating systems and symbols. Speakers included representatives from (i) the U.S. Food and Drug Administration (FDA) and U.K. Food Standards Agency, (ii) the American Heart Association, (iii) ConAgra Foods, the General Mills Bell Institute of Health & Nutrition and Unilever, and (iv) Texas A&M University, the University of Maryland, the University of Washington, and the Yale Prevention Research Center. In addition, New York University Professor Marion Nestle addressed concerns about nutrition rating systems and other perspectives on FOP labeling. According to SHB attorney Sarah Sunday, who attended the meeting, FDA provided an update on its continuing assessment of FOP labeling and indicated that after failing to release guidance as scheduled, the agency intends to complete its consumer research in May. But Nestle registered opposition to the adoption of any FOP…
Tag Archives menu
President Barack Obama (D) signed the Patient Protection and Affordable Care Act into law on March 23, 2010. Pub. L. 111-148. Tucked into this sweeping health care reform measure is a provision that will require restaurants, retail food establishments and vending machines to provide certain nutrition information. The new law expands the provisions of the Nutrition Labeling and Education Act of 1990, which requires nutrition labeling for packaged food products. When they take effect, the new requirements will apply to a broad range of establishments from restaurants, delis and bakeries, to grocery store soup and salad bars and possibly even soda fountains in gas stations and convenience stores, as well as concession stands at movie theaters and sports venues. New Requirements Could Apply to Wide Range of Establishments Section 4205 of the health care reform law amends the misbranded food provisions of the Federal Food, Drug, and Cosmetic Act to…
New Jersey Governor Jon Corzine (D) has reportedly signed a bill (S. 2905/A. 4236) that requires major restaurant chains doing business in the state to fully disclose calorie information on menu items. Franchises with more than 20 locations nationally must post calorie counts next to each item on the menu, as well as on drive-through and indoor menu boards. “One of the best ways to improve our health and well being is to deal directly with obesity and proper eating,” Corzine said. “This legislation is a clear step in that direction, as it will allow New Jerseyans to know the calorie content of the food they are eating at these establishments.” See NewJerseyNewsroom.com, January 18, 2010.
Yale University researchers, including Kelly Brownell, have published a study that concludes “Calorie labels on restaurant menus impacted food choices and intake; adding a recommended daily caloric requirement label increased this effect, suggesting menu label legislation should require such a label.” Christina Roberto, et al., “Evaluating the Impact of Menu Labeling on Food Choices and Intake,” American Journal of Public Health, December 17, 2009. The study evaluated the dinner selections made by some 300 participants randomly assigned to a menu (i) without calorie labels, (ii) with calorie labels, or (iii) with calorie labels and a label including the recommended daily caloric intake for an average adult. According to the researchers, those participants in the latter two categories “ordered fewer calories than those in the no calorie labels condition.” The participants in the second group did, however, consume more calories after the study dinner than either of the other groups. Combining…
Federal courts in Ohio and Kentucky have remanded putative class claims alleging that Applebee’s International, Inc., DineEquity, Inc. and Weight Watchers International, Inc. misrepresented the calorie and nutritional information on the Weight Watchers menu items available in Applebee’s restaurants. Curry v. Applebee’s Int’l, Inc., No. 09-505 (S.D. Ohio, filed November 17, 2009); Kramer v. Applebee’s Int’l, Inc., No. 09-131 (E.D. Ky., filed November 17, 2009). Each plaintiff filed her complaint in state court and sought to certify a class of statewide residents. In July 2009, more than ten months after the complaints had been filed and after some discovery and an unsuccessful mediation had occurred, the defendants removed the cases to their respective federal courts. Writing for both courts, the Ohio district court determined that the defendants had filed for removal too late under the Class Action Fairness Act, which requires that a notice of removal be filed within 30 days…
A provision in the U.S. House of Representatives’ proposed 1,990-page health care legislation (H.R. 3962) requires fast-food chains with 20 or more locations and vending machine owners to conspicuously post calorie counts. Section 2572 apparently goes a step further than menu-labeling initiatives in New York City and elsewhere by also requiring information about how those calorie counts fit into recommended daily guidelines. The provision requires that chain restaurants list the information “on the menu board including a drive-through board” and mandates that vending machine operators provide the data on “a sign in close proximity to each article of food or the selection button.” A spokesperson for the National Restaurant Association told a news source: “We’re very pleased that the nutrition information provision continues to garner bipartisan support, and we’re pleased that the agreement is now moving forward in the House of Representatives.” See Politico, October 30, 2009; Advertising Age, November…
The National Restaurant Association (NRA) and the Center for the Science in the Public Interest (CSPI) have reportedly expressed support for a bipartisan compromise on menu-labeling legislation that would require chain establishments with 20 or more outlets nationwide to provide nutrition information on menus or menu boards. The revamped legislation apparently combines elements of the Menu Education and Labeling (MEAL) Act, sponsored by Senator Tom Harkin (D-Iowa), and the Labeling Education and Nutrition (LEAN) Act, sponsored by Senators Tom Carper (D-Del.) and Lisa Murkowski (R-Ala.). The new bill would also exempt small businesses, as well as waive the labeling requirements for custom orders, temporary specials and items like condiments that are not listed on menu boards. In addition, a separate provision would entail “the disclosure of calories for food items on vending machines owned by individuals operating 20 or more vending machines,” according to a June 10, 2009, press release…
The Center for Science in the Public Interest (CSPI) has targeted a number of restaurants in its Xtreme Eating 2009 report, which also singles out four plates as particularly high in calories, fat and sodium. The public watchdog has lambasted chain establishments for making “already bad foods even worse,” claiming that some appetizers rival entrée-sized portions in terms of daily dietary intake. The report names Applebee’s Quesadilla Burger, Chili’s Big Mouth Bites, Cheesecake Factory’s Chicken and Biscuits, and Red Lobster’s Ultimate Fondue among the dishes that purportedly contribute to “America’s epidemic of obesity and diet-related disease.” Pledging to make its “Xtreme Eating Awards” an annual affair, CSPI has backed legislation pending before the U.S. Congress that would introduce menu labeling laws similar to ones enacted in Nashville, New York City, Philadelphia, Portland, California, and Massachusetts. “Ultimately, Americans bear personal responsibility for their dining choices,” stated CSPI director Margo Wootan in…
Oregon’s Senate has reportedly approved a bill (H.B. 2726) that would require restaurants with more than 15 locations nationwide to post information about calories, saturated fats and sodium for all menu items. According to a news source, some 69 percent of state residents polled have said that they want more nutritional information on restaurant menus. The legislation, which now awaits the governor’s signature, would require the information to be posted on menus, menu boards and drive-through displays. See Oregon Senate Democrats Press Release, June 1, 2009.
U.S. Senator Tom Harkin (D-Iowa) and U.S. Representative Rosa DeLauro (D-Conn.) have introduced companion bills (S. 1048 and H.R. 2426) that would amend the Federal Food, Drug and Cosmetic Act “to extend the food labeling requirements of the Nutrition Labeling and Education Act of 1990” to standard menu items offered at large chain restaurants. Known as the MEAL Act, the bills would require restaurants with “20 or more locations doing business under the same name” to display “in a prominent location on the menu” the amount of calories, saturated fats, trans fats, carbohydrates, and sodium contained in each menu item. The legislation asserts that “the provision of nutrition information for away-from-home foods has a positive influence on food purchase decisions,” thus enabling consumers to “manage their weight and reduce the risk of, or manage, heart disease, diabetes, and high blood pressure, which are the leading causes of death, disability, and…
