Mandatory nutritional labeling at restaurants nearly a done deal

To date, only a handful of states, major cities, and counties – including Westchester, N.Y., where Consumers Union is headquartered – require restaurants to reveal nutritional information about the food they serve.

But thanks to a compromise proposal hammered out by a bipartisan coalition of Senators, along with input from public health organizations and restaurant industry leaders, that is likely to soon change. 

On Wednesday, the various groups involved announced that they’d reached an “historic” agreement that will enable consumers nationwide to be more informed about the food they put in their mouths at both fast-food and sit-down restaurants. 

Under the plan, chains with 20 or more locations would be required to disclose on their menus or menu board the number of calories per menu item. They’d also have to make immediately available in written form, upon request, additional nutrition information including total calories and calories from fat, and amounts of fat, saturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, dietary fiber and protein.

Individually owned restaurants would be exempt from the requirements.

The proposed legislation also would force some vending machine owners to post the calorie counts of food packages in their machines. But the law would apply only to individuals operating 20 or more machines. 

The tentative agreement combines key elements of the Menu Education and Labeling (MEAL) Act, sponsored by Sen. Tom Harkin (D-Iowa)  and the Labeling Education and Nutrition (LEAN) Act, sponsored by Senators Tom Carper (D-Delaware)  and Lisa Murkowski (R-Alaska). 

Both the Senate Committee on Health, Education, Labor, and Pensions and the Finance Committee will take up health reform legislation within weeks, according to Sen. Murkowski’s office. The menu labeling initiative will be a component of the prevention and public health title of that legislation.

“The individual and societal costs of poor nutrition and diet-related chronic disease compel us to take concrete steps to fashion a society in which the healthy choice is the easy choice, and in which prevention always comes before treatment,” Senator Harkin said in a statement.  “The menu labeling agreement reached this week will not only help consumers to make informed decisions about their health when eating out, but is a critical part of a broader re-orientation to a society of prevention and health promotion.”

To ensure consistency, the proposal establishes uniform standards for disclosing and presenting nutritional information. Similar consistency was established for the Nutrition Facts panels for packaged foods when Congress enacted the Nutrition Labeling and Education Act of 1990, the law that first established nutrition labeling for foods in grocery stores.

The legislation is supported by a number of organizations, including the American Academy of Pediatrics, American Diabetes Association, American Dietetic Association, Brinker International, California Center for Public Health Advocacy, Center for Science in the Public Interest (CSPI), The Coalition for Responsible Nutrition Information, Darden Restaurants, Dunkin Donuts, the National Restaurant Association, The Nemours Foundation in Delaware, the Rudd Center for Food Policy and Obesity at Yale University and Joseph W. Thompson, MD, MPH, Surgeon General, State of Arkansas.

"Putting calories on menu boards is a common-sense prevention measure that will help reduce Americans' risk of heart disease, diabetes, and other expensive-to-treat chronic diseases made more prevalent by rising obesity rates," said CSPI nutrition policy director Margo G. Wootan. "Whether you're concerned about managing your weight or about getting your money's worth at chain restaurants, calorie counts are critical pieces of information. We're delighted to be working with the restaurant industry on legislation that will ensure that calories be listed on their menus and menu boards."

Similar bills or regulations have been adopted in New York City, Philadelphia, Massachusetts, California and a number of major counties. This month, bills in Oregon, Maine and Connecticut passed their state legislatures and are awaiting final action.

According to the CSPI, 82 percent of those surveyed in New York City after its calorie-labeling rule went into effect said seeing calories on menus affected their dining choices.