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Customers keep ordering habits as NYC enacts menu-labeling mandate

Customers keep ordering habits as NYC enacts menu-labeling mandate

NEW YORK New York State Restaurant Association appeals a federal judge’s ruling that would enact a controversial calorie-posting regulation here, a growing number of food-service operators are revamping their menus and finding that the information is having little effect on how customers order. —Even as the

Others, however, remain concerned that not only would the municipal regulation inflict added cost pressures on already financially challenged operators, but that it also discriminates unfairly against chain operators. —Even as the

U.S. District Judge Richard Holwell’s recent ruling paved the way for the city’s Department of Health and Mental Hygiene to require local branches of chains with 15 or more outlets to post calorie counts on their menu boards and menus. Operators must display the information no later than June 6 or face code violations and fines. —Even as the

The NYSRA has been battling the city in court since last year, arguing that only the U.S. Food and Drug Administration has the right to mandate on-menu calorie disclosures. The association also contends the city’s new rule would violate First Amendment protections against forced speech. —Even as the

In the meantime, a number of operators that already have started featuring calorie counts on menus and menu boards at their New York locations report business as usual. —Even as the

Starbucks Coffee began posting calorie counts April 14. A barista at a midtown Manhattan Starbucks unit said: “It was awful the first day. People were looking at the calories and switching their orders, but now everything is back to normal.” —Even as the

New York branches of Chipotle Mexican Grill, the 700-unit chain based in Denver, installed new menu boards on March 31 that detail all items’ calorie counts, in order to comply with the initial date the law was expected to take effect, spokesman Chris Arnold explained. —Even as the

“We were very much of the mind that this was going to go through,” he said. “In fact, we took a very cooperative position on it from the beginning. As soon as the law passed, we reached out to the city to see what it would look like for chains that didn’t have standard menu items. —Even as the

“We presented ranges of calories for everything we offered—and that’s what is up in our restaurants now. We have every expectation the law is going to hold and rather than fight an uphill battle to change it, we decided to comply.” —Even as the

Arnold said he hadn’t heard of any instances where the public had reacted negatively to food items after their calories were listed on the new menus. “We’ve always thought our customers were intelligent and understood the basics of what we offered, so for a great many people this is a nonissue.” —Even as the

Nevertheless, he noted, the jury is still out on whether the city’s new rule will have a long-term effect on the way the public dines out. —Even as the

“I think [this type of regulation is] something you’re going to see a lot more of,” he said. “Whether it will have an overall impact on the way people eat in this country, I don’t know. That remains to be seen.” —Even as the

Chuck Hunt, executive vice president of the NYSRA’s New York City chapter, acknowledged that some operators have started offering calorie counts on menu boards at their stores. —Even as the

“Some chains, like Jamba Juice, Chipotle and Starbucks, on their own, have decided to do it, and that’s fine,” he said. “Basically, we continue to believe that each restaurant [operation] should decide how best to provide nutritional information to their customers.” —Even as the

Upon hearing that the New York regulation had passed, officials at Dunkin’ Brands Inc., the Canton, Mass.-based franchisor of more than 13,460 Dunkin’ Donuts and Baskin-Robbins ice cream stores, said the company would comply with the rule. However, they remain concerned about how the extra cost of new menu boards would affect its franchisees. —Even as the

“While we agree with New York City’s intention to provide consumers the nutrition information needed to make informed choices, we also believe there are better, less cumbersome and more cost-effective solutions than the new menu-labeling regulation that was passed,” said spokesman Stephen Caldeira. “In today’s challenging economic environment, we believe the regulation directly and unfairly impacts our hardworking franchisees.” —Even as the

Roger Berkowitz, president and chief executive of Legal Sea Foods, the 33-unit upscale dinnerhouse chain based in Boston, said the public is entitled to full disclosure of nutritional information. But all operators, not just chains, should have to comply with the regulation. —Even as the

“This ruling seems discriminatory toward restaurant groups versus the independents,” Berkowitz said. “They have to make it a level playing field. It doesn’t seem fair that restaurant groups will now be penalized, but independents don’t have to have that [same] information [available]. This definitely has to be appealed. It gets down to parity and fairness. It should be incumbent on everyone to have the information available, but not to have to showcase it.” —Even as the

The law impacts about 10 percent of all restaurants in New York City, or about 2,400 locations, and pertains to all offerings, including alcoholic beverages. —Even as the

The battle between the restaurant association and the city over menu labeling has been going on since last year. Initially, Holwell ruled in favor of the industry, stating that the city had violated federal standards by narrowing the law to only chains that already voluntarily disclosed calorie data in some form, like websites or brochures. —Even as the

However, the city revised the law earlier this year to address Holwell’s criticisms, broadening it to all local branches of chains with 15 or more outlets anywhere. When the NYSRA challenged the revised law in court, Holwell ruled in favor of the city. The association then requested an injunction to block enactment, but Holwell denied it. At press time, the NYSRA was expected to seek a stay from an appellate court. —Even as the

In his 27-page decision, Holwell said it is “reasonable to expect some consumers will use the information disclosed [on menu boards] to select lower calorie meals when eating at restaurants, and that those choices would lead to a lower incidence of obesity.” —Even as the

New York City Health Commissioner Thomas Frieden said the decision “is a victory, which will give New Yorkers the calorie information they need—where they need it—to make informed, healthier choices. We hope these restaurants will accept the judgment and become part of the solution. This regulation could prevent at least 150,000 New Yorkers from becoming obese and prevent at least 30,000 New Yorkers from developing diabetes and other health concerns over the next five years.” —Even as the

Dawn Sweeney, president and chief executive of the National Restaurant Association said in a statement that the regulation’s “flawed approach won’t ultimately help consumers receive nutrition information that is useful to them. if this is allowed to go into effect, there could be a patchwork quilt of confusing and contradictory local regulation.” —Even as the

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