New Menu Nutrition Labeling Laws

On March 23, 2010, section 4205 of the Patient Protection and Affordable Care Act was signed into law.  Section 4205 establishes new requirements for nutrition labeling of regular menu items in chain restaurants, similar retail food establishments, and chain vending machine operators.

This law was enacted as part of our fight against obesity.  According to the background information in a recently released FDA Guidance on the menu labeling, we Americans on average consume one-third of our total daily calories while eating out and in most cases, we are unaware of the amount of calories we consume while eating at restaurants.  By implementing this new menu labeling law, the FDA hopes to provide us consumers with access to nutritional information in restaurants and allow us to make more informed dietary decisions.

For chain retail food establishments (20 or more locations doing business under the same name and offering substantially the same menu items), the new law requires the following:

• Disclosure of the number of calories in each standard menu item on menus and on menu boards.  This includes both food and drink (including alcoholic beverages) routinely presented on the menu and/or menu boards of such restaurants.
• Make additional written nutrition information available to consumers upon request and provide a statement on menus and menu boards that such nutrition information is available upon request.  Should a customer request additional nutritional information, the restaurants must supply the total number of calories, calories from fat, total fat, saturated fat, cholesterol, sodium, total carbohydrates, sugars, dietary fiber, and total protein.
• Provide calorie information for most self-service items and foods on display by posting a sign adjacent to each food item.  This covers such items as foods at a salad bar, buffet line, cafeteria line or other similar self-service facility.

In regards to chain vending machines, operators of such chains must post the calorie content of each article of food sold in the machine in a clear and conspicuous manner.  This only applies to articles that do not allow the consumer to view the nutrition facts before purchasing the item.

While this new law will certainly cover most of the foods at restaurants, it will not cover all of them.  Foods not covered by this new law include condiments and other items placed on the table for general use, daily specials, temporary menu items appearing for less than 60 days per year, custom orders, and food that is part of a market test appearing on the menu for less than 90 days.  Pre-packaged food that lists the nutrition facts and can be viewed before purchase also are not covered by this new law.

While the federal law only went into effect earlier this year, a number of cities and states have previously established menu labeling laws.  It will be interesting to see how this information is both received and utilized.  The idea, of course, is that we will avoid eating less healthy options when we learn just how many calories they provide.  In many cases, menu options contain more that half (sometimes more than all) of our daily energy requirements.  However, it will remain up to us as consumers to use this information and actually choose the healthier option.  This might also impact what restaurants offer to consumers.  The hope is that once restaurants have to disclose the number of calories in their food items, they will start offering healthier, lower-calorie options more regularly.  Whether this strategy will be effective or not remains to be seen, but it has the possibility to help us develop healthier eating habits.

Maintaining one's weight at a healthy level can be a challenge for many of us.  That is why I made my diet plan easy to follow while still offering some of our favorite flavors.  Visit us at www.drtabor.com to learn more and Tune in to watch me on QVC September 12th from 1 AM - 2 AM EST!