NEW YORK —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
In a unanimous vote, the city’s Board of Health adopted revised regulations requiring all restaurant chains with at least 15 outlets nationwide to display calorie counts on menu boards, menus or food tags. A similar policy set to be enacted here last summer was struck down by a federal judge, but only because it applied only to restaurants that already disclosed calorie data by way of other media, such as websites and brochures. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Meanwhile, lawmakers in a growing number of jurisdictions are keeping a close eye on New York City’s reimposition of a disclosure rule. At least seven states, three counties and two additional cities are currently entertaining menu-labeling legislation, according to the National Restaurant Association. A federal menu-labeling bill also has been introduced. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
New York State Restaurant Association chairman Rick Sampson said the NYSRA had expected the city to impose the revised regulations after municipal officials vowed in October to rewrite the law, following the NYSRA’s lawsuit blocking the initial attempt. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
“We’re exploring all of our options, which includes the possibility of further litigation,” Sampson said. “We plan to talk with our legal council and assess the situation. But I’d say there is a very good chance of another lawsuit.” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
With the new law scheduled to take effect March 31, Sampson said: “Something probably has to be done ASAP. The next step could be a temporary injunction.” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
New York City health commissioner Dr. Thomas Frieden maintained that posting calorie information would help fight obesity by aiding consumers in making “healthier choices about what to eat and drink.” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
That argument also is being made by lawmakers across the country. Last year officials in King County, Wash., enacted regulations requiring chains with at least 10 locations nationwide and total annual sales of at least $1 million to post calorie, trans-fat, saturated-fat, carbohydrate and sodium contents on their menus or menu boards. The rule is scheduled to take effect Aug. 1. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
While a legal challenge remains a possibility, the Washington Restaurant Association is attempting to work with state lawmakers to address the issue. Trent House, the WRA’s director of government relations, said the association is trying to help craft a statewide nutritional disclosure policy that would offer a compromise position, preventing a patchwork of regulations. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
The WRA supports two companion bills in the state House and Senate that would require chains with 25 units nationwide to post the same information required by King County. However, operators would could choose to post the data on menus or menu boards, brochures, packaging, tray liners, posters, table tents, or electronic kiosks. If enacted, the law would sunset in 2013, enabling the industry and lawmakers to revisit the issue. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
“The science is still being developed,” House said. “Let’s see how effective this will be.” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
House added that the bills have bipartisan support. If enacted, the state regulations would supersede those enacted in King County. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
John Gay, senior vice president of government affairs and public policy for the National Restaurant Association, said that while New York “got the ball rolling” when it passed its law in 2006, similar initiatives now are being debated nationwide. According to the NRA, related legislation is pending in Massachusetts, New York state, Pennsylvania, New Jersey, Michigan, Hawaii and Indiana; Washington, D.C., Chicago, Westchester County, N.Y., Montgomery County, Md. and Santa Clara County, Calif. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Menu-labeling legislation has been defeated in California, New Mexico, Arizona, Illinois, Tennessee, Connecticut, New Hampshire and Maine. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Rep. Rosa DeLauro, D-Conn., and Sen. Ted Kennedy, D-Mass., introduced companion bills in Congress that would require restaurant chains across the country to disclose nutritional data on menus. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
“[Menu labeling] has become one of our top issues,” Gay said. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
While conceding that the nation faces an obesity problem, John Whipple, president of the National Council of Chain Restaurants and former vice president of government relations for McDonald’s Corp., maintains that foodservice is being penalized unfairly. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
“Many chain restaurants have been voluntarily providing comprehensive nutritional information for years,” Whipple said. “And you have to question who is being served by these regulations. According to the [New York] health department, these rules apply only to 10 percent of the city’s [23,000] restaurants. What about the other 90 percent of the restaurants in New York? Consumers go into those establishments every day. How are they being served?” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
It also remains unclear whether consumers themselves want nutrition information on menus. Though a poll conducted by the California Center for Public Health Advocacy said 85 percent of the state’s residents want nutrition information on menus, a study by the NPD Group finds consumers in New York to be less enthusiastic. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
A poll of 480 New Yorkers conducted a week before the city’s regulations were to be enacted last summer found that about 40 percent of respondents were either very or extremely interested in knowing the caloric content of menu selections. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Only 15 percent to 25 percent of the respondents believed listing calorie counts would have an impact on their choices. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
“Those are pretty moderate numbers,” said Nicole Valenti, director of customer research for foodservice at Port Washington, N.Y.-based NPD. Many of those polled who thought it would helpful to know calorie counts did not think it would be very effective in decreasing obesity, she added. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Meanwhile, chain operators in New York are preparing to comply with the new law, which includes all brands with 15 or more locations, from quick service to fine dining, according to the Department of Health and Mental Hygiene. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Ed Frechette, senior vice president of marketing for Boston-based Au Bon Pain, said the 225-unit chain is updating the menu boards and food tags for its 40 New York locations. “Aesthetically, [the boards] are just not as attractive,” Frechette said. “It’s just more crowded.” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
He noted that the most complex menu panel is for espresso drinks, which come in three sizes and can contain a variety of ingredients. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
“Sandwiches are much more straightforward,” he said. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
New York officials earlier denied Au Bon Pain’s request to waive the new menu board requirements in favor of the chain’s nutrition kiosk, an interactive device that provides more comprehensive health-related data than is required by the city. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Local Applebee’s franchisee Zane Tankel, chairman and chief executive of 28-unit Apple-Metro Inc., said that while he is “conflicted” over the regulations, his company will redesign its menus to comply with law—at a cost of as much as $15,000. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Tankel believes that obesity is indeed a national problem and that some consumers will benefit from the caloric posting. But he also maintained that it will impact operators negatively. “I think it will affect how customers order,” he said. “Most people don’t want to see ‘1,000 calories’ flashing in front of them when they’re thinking about what to eat.” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
Irwin Kruger, whose company, ISK Manhattan Inc., owns five franchised McDonald’s in Manhattan, said he will comply with the law. But he doesn’t believe it will change what people eat. Kruger also said that reconfiguring the menu board would present challenges. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
“We have a limited amount of space,” he said, “and we can’t let a crowded board slow down our operations. That would be a disaster. We pride ourselves on service times and our efficiency. We can’t let it create confusion and turn the fast-food dining experience into a negative customer experience.” —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.
There are 200 to 250 McDonald’s in the city’s five boroughs, he said. —New York City’s decision to re-enact a controversial menu-labeling law could trigger another legal challenge from industry officials, though their last lawsuit against the calorie-disclosure ordinance, albeit successful, also yielded court clarification of the permissible scope of such rules.