Menu-labeling mandates miss the point if consumers ignore the writing on the wall

I’m not the sort of person who would order a Baconator, whether or not its 830-calorie count was listed next to its description on the menu board.

Sure, I love burgers and bacon, but I know my limits. Two hamburger patties, several slices of American cheese, six slices of bacon, cheese sauce, mayonnaise and other stuff served on a bun is too hefty a meal for me. The question now, however, is whether other people—especially those who fit the 18- to 34-year-old male demographic Wendy’s is aiming for—would be swayed to the same veto vote if the Baconator’s nutritional content were laid out before them.

That is, after all, the ultimate goal of mandating the posting of nutritional information, right? Lawmakers want to make sure people know how “good” or “bad” certain items are for them in the hopes that the “bad” items will fall out of favor and America will soon be the land of the thin. It’s a laudable goal—eliminate the desire for desserts and deep-dish pizza and watch weight-related health care costs plummet as we all tighten our belts.

However, I’m of the mind that it’s just not entirely realistic. Case in point: obesity has increased nationwide in the past few years despite the fact that all packaged foods sport tables with nutritional information and many restaurants have made such information available in brochures and on websites and wrappers. Just because people have information in front of them doesn’t mean they make the best decisions.

Nevertheless, our lawmakers are not so skeptical, and required menu labeling is gathering momentum. With news that Washington’s King County has approved the country’s second menu-labeling law aimed at chain restaurants and the knowledge that many other jurisdictions are pondering similar initiatives, it seems that menus and menu boards nationwide are destined for makeovers.

The measure passed in King County—where Seattle is located—is more stringent than the New York City mandate that went into effect July 1. New York’s law requires operators that previously have posted nutritional information on websites or in brochures—basically, chains—now to place calorie counts on menu boards and bills of fare.

In comparison, King County’s measure requires that chains with 10 or more units post information on calorie, fat, sodium and carbohydrate content, even if such figures have never been calculated before. The information is required for all menu items except specials, and calorie counts must appear in the same font and type size as prices. The law, which was approved by the King County Board of Health, goes into effect Aug. 1, 2008.

Meanwhile, legislators in California, Connecticut, Hawaii, Massachusetts, New Jersey, New York, Tennessee and Vermont also have considered menu-labeling provisions in the recent past, according to the National Restaurant Association.

Needless to say, operators are none too pleased with the prospect of remaking their menus and menu boards, which they claim would be a costly and impractical undertaking. Several large chains, including McDonald’s, Wendy’s, Burger King, White Castle and Quiznos Sub, were not in compliance as New York’s July 1 deadline came and went. And several have said that they are waiting for a resolution to the lawsuit filed in June by the New York State Restaurant Association, which claims New York’s Department of Health and Mental Hygiene overstepped its authority in passing the city’s menu-labeling rule. Arguments in that case began July 25 and, because the lawsuit is pending, city officials have said they will postpone enforcement of the menu-labeling law until at least October.

Where it all ends, nobody knows at this point. According to one member of the King County Board of Health, 65 percent of that county’s residents support menu labeling. That could be true, but in an exceedingly informal and limited survey I conducted myself, respondents said they were not sure if such disclosure would really change their meal choices. One smart man, my husband, noted that menu labeling might lead to some creative, more healthful formulations of less-healthful signature items—a possible plus for customers.

And while it might be more difficult to find a plus for the operator community, perhaps there is one after all. If the writing is to be on the menu board, with nutrition information front and center, the blame for the country’s weight gain finally will be shifted to where it belongs: squarely on the shoulders and hips of the patrons who place the orders.

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