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How the proposed FDA trans fat ban could affect restaurantsHow the proposed FDA trans fat ban could affect restaurants

The FDA tentatively determined that partially hydrogenated oils are no longer “generally recognized as safe.”

Bret Thorn, Senior Food Editor

November 26, 2013

4 Min Read
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A proposed ban by the Food and Drug Administration of partially hydrogenated oils (PHOs), the main source of trans fats, could require restaurants to reformulate many of their recipes for fried foods and baked goods, but much of the hard work was accomplished years ago, according to industry experts. 

Earlier this month the FDA tentatively determined that PHOs are no longer “generally recognized as safe,” a designation necessary for an ingredient to be added to food without explicit FDA approval. The government agency is now seeking commentary from the public before making a final determination.

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“The good news is that the oil companies have really done a lot of the work ahead and have produced trans fat–free oils that replicate the needed factors that the artificial trans fat oils were fulfilling,” said Aaron Noveshen, founder and president of The Culinary Edge, a restaurant and food business consulting company based in San Francisco.

Partially hydrogenated oils, made by treating oil with hydrogen gas, were added to food decades ago as a less expensive alternative to saturated fats, adding desirable mouth feel to baked goods and extending the shelf life of frying oils. They were also believed to be more healthful, but over the years evidence mounted that the artificial trans fats produced through partial hydrogenation contributed to cardiovascular disease.

The FDA determination does not include trans fats that occur naturally in some meat and dairy products. 

Artificial trans fats have been under fire since the mid-1990s as evidence of their unhealthfulness grew. The FDA ruled in 2003 that packaged foods’ nutrition labels must list trans fat content, and in 2005, New York City became the first jurisdiction to ban artificial trans fats in restaurants. Cleveland, Philadelphia and other cities, along with the state of California, followed suit.

“Most companies have been trying to be trans fat free for awhile now,” said Roger Kaplan, head of Restaurant Innovations, a Dallas-based consulting firm. “That’s been a focus for a lot of companies and a lot of manufacturers.”

Noveshen said that many manufacturers, required to reformulate their products for some market, went ahead and made the changes systemwide.

Restaurants ahead of the ban

(Continued from page 1)

Some restaurants moved quickly, too, such as Beaumont, Texas-based Jason’s Deli. The chain, which now has 242-units, spent the better part of a decade eliminating partially hydrogenated oils from its menu. Jason’s Deli reformulated about 50 products, including its bread, and finally rolled out a menu free of trans fats in 2005, according to Pat Herring, the chain’s director of product and concept.

“It was in bread and crackers and oily things,” Herring said, noting that the hardest part was getting partially hydrogenated oils out of shelf-stable baked goods such as ice cream cones and the crackers at the salad bar. The chain also took production of the whipped topping for its strawberry shortcake in-house. 

“All the whipped toppings at the time were fortified with shortening,” he said. So before the rollout they shipped tabletop mixers to each chain and had them whip the cream in-house.

“It was similar cost and a much, much better product,” Herring said.

Brooks Broadhurst, senior vice president of food at beverage at Eat ’n Park, a 71-unit family dining chain based in the Pittsburgh suburb of Homestead, Pa., said he spent around 18 months removing artificial trans fats in the middle of the last decade. He said he spent time with his oil supplier and Pennsylvania State University to test different frying oils, and then got to work reformulating the chain’s signature Smiley Cookie, which Eat ’n Park makes in its own commercial bakery.

“We basically just did it, and didn’t make any noise about it, because we wanted to see if our customers noticed or not,” he said. “We didn’t have any customers say one way or another whether [the new formulations were] better or worse.”

Both Broadhurst and Herring said that adhering to a possible FDA ban on PHOs shouldn’t have much of a negative impact on restaurants. “It certainly is a lot easier to do today than it was eight or nine years ago,” Broadhurst said. “I think a lot of chains have already made the changes they needed to make because of local regulations or because of the push that was made in 2007, 2008, 2009 from a health standpoint.” 

And since that time, more products free of trans fats have become available to restaurants, pointed out Herring. “There are way more products out there today than when we started,” he said, adding, “I wouldn’t be afraid of it. In the long term, I think you’re going to have higher quality food in your restaurant.”

Noveshen advised small chains that have not already eliminated PHOs to make sure they know what types of fats they’re using and change them if necessary. This will likely involve some recipe tweaking, he said, but they just need to work with their distributors to determine what alternatives are available. 

“The stuff’s out there. They just have to do it,” he said.

Contact Bret Thorn at [email protected].
Follow him on Twitter: @foodwriterdiary

About the Author

Bret Thorn

Senior Food Editor, Nation's Restaurant News

Senior Food & Beverage Editor

Bret Thorn is senior food & beverage editor for Nation’s Restaurant News and Restaurant Hospitality for Informa’s Restaurants and Food Group, with responsibility for spotting and reporting on food and beverage trends across the country for both publications as well as guiding overall F&B coverage. 

He is the host of a podcast, In the Kitchen with Bret Thorn, which features interviews with chefs, food & beverage authorities and other experts in foodservice operations.

From 2005 to 2008 he also wrote the Kitchen Dish column for The New York Sun, covering restaurant openings and chefs’ career moves in New York City.

He joined Nation’s Restaurant News in 1999 after spending about five years in Thailand, where he wrote articles about business, banking and finance as well as restaurant reviews and food columns for Manager magazine and Asia Times newspaper. He joined Restaurant Hospitality’s staff in 2016 while retaining his position at NRN. 

A magna cum laude graduate of Tufts University in Medford, Mass., with a bachelor’s degree in history, and a member of Phi Beta Kappa, Thorn also studied traditional French cooking at Le Cordon Bleu Ecole de Cuisine in Paris. He spent his junior year of college in China, studying Chinese language, history and culture for a semester each at Nanjing University and Beijing University. While in Beijing, he also worked for ABC News during the protests and ultimate crackdown in and around Tiananmen Square in 1989.

Thorn’s monthly column in Nation’s Restaurant News won the 2006 Jesse H. Neal National Business Journalism Award for best staff-written editorial or opinion column.

He served as president of the International Foodservice Editorial Council, or IFEC, in 2005.

Thorn wrote the entry on comfort food in the Oxford Encyclopedia of Food and Drink in America, 2nd edition, published in 2012. He also wrote a history of plated desserts for the Oxford Companion to Sugar and Sweets, published in 2015.

He was inducted into the Disciples d’Escoffier in 2014.

A Colorado native originally from Denver, Thorn lives in Brooklyn, N.Y.

Bret Thorn’s areas of expertise include food and beverage trends in restaurants, French cuisine, the cuisines of Asia in general and Thailand in particular, restaurant operations and service trends. 

Bret Thorn’s Experience: 

Nation’s Restaurant News, food & beverage editor, 1999-Present
New York Sun, columnist, 2005-2008 
Asia Times, sub editor, 1995-1997
Manager magazine, senior editor and restaurant critic, 1992-1997
ABC News, runner, May-July, 1989

Education:
Tufts University, BA in history, 1990
Peking University, studied Chinese language, spring, 1989
Nanjing University, studied Chinese language and culture, fall, 1988 
Le Cordon Bleu Ecole de Cuisine, Cértificat Elémentaire, 1986

Email: [email protected]

Social Media:
LinkedIn: https://www.linkedin.com/in/bret-thorn-468b663/
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Twitter: @foodwriterdiary
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