This LA Times piece does a decent job summing up what we should expect after the specifics are worked out by FDA -
But this week's action goes beyond the Golden State's rules. It also would require calorie counts from vending machines, buffets, alcoholic drink menus and drive-through restaurants.
Menu labeling of "buffets, alcoholic drink menus and drive-through restaurants" would apply to those of chains with more than 20 restaurants nationwide.
However, the most disturbing part of the law is clearly this -
The legislation would preempt local and state laws.
As for when the law will take effect, most sources seem to indicate it will be at least a year or two before the standards are finalized.
Two strikes against it - the National Restaurant Association has already praised its passage. And lest you have any illusions of who's happiest about this, here's a fantastic quote from an International Franchise Association lobbyist -
"While the IFA lobbied strongly in opposition to the health care reform package, the one bright spot of the bill is that the federal government will for the first time take the lead regulatory role in how restaurants provide nutrition information to their customers."
If you've ever needed a reason why industry trade publications are a must read...
French said the new menu labeling law mirrors the federal regulation for packaged food and gives flexibility in the manner that information is provided. The provision, which was based on the IFA-endorsed Labeling Education and Nutrition (LEAN) Act, also offers liability protection for restaurants, recognizing the variation in the nutritional content of food that is hand prepared.
In its contextual usage there, "flexibility" (not to mention "liability protection") in this instance sounds pretty much like "Corporate Regulatory Relief" to me. As for being based on LEAN, that was of course the weak, bare-bones industry-backed proposal introduced in response to the increasing number of states and cities / counties passing their own (often stronger) menu labeling measures, and to the stronger MEAL Act which was also introduced in Congress last year.
On top of that, there's also the problem of restaurants underreporting calories -
One concern about the rules is accuracy. Researchers from Tufts University who probed caloric disclosure from 29 quick-serve and sit-down restaurants found that restaurants under-reported calories by an average of 18%.
The worst thing about this, however, is local preemption. This pretty much kills any chance we'll ever have again (or for at least a generation) to get anything better. It looks like stricter existing regulations like New York City's will be grandfathered in, but even New York City's current menu labeling laws were really supposed to be just a starting point rather than the be-all, end-all of granting Americans access to knowledge of exactly what it is that we're consuming when we eat at chain restaurants.
Finally, I also see a loophole in this measure big enough to drive a dozen fleets of reefer trucks through -
Under the new legislation, restaurants will be required to display calorie information for standard menu items as well as calories for each serving of food at a salad bar or a buffet line. The chains will not have to post calorie information for daily specials and limited-time items.
What's the definition of a "limited-time" item? And what about fast food restaurants that have official "secret" menus or menu items? In-N-Out Burger in California is one, and I'm sure there are others. For that matter, I worked at a couple of Wendy's restaurants in New Jersey in the mid-90's during high school. The triple cheeseburger was not on the menu board, but we certainly served it and there was even a key for it on the cash register. |
