Article
Menu labeling: A weighty issue
Cities, states from coast to coast consider their options as obesity levels rise.
December 5, 2007
Jim Salerno's got his eye on New York City.
As vice president of operations for Atlanta-based Carvel Ice Cream, he and his company are watching closely to see how the New York City Board of Health weighs in on proposed menu-labeling legislation that would require restaurants to post nutritional information, such as calorie counts. Approximately 75 of the chain's 570-unit ice cream locations could be affected if the bill passes.
"A lot of municipalities — such as Nassau County, which is on Long Island — and the entire state of New York are waiting to see how the Board of Health makes out in New York City," he said. "However they go is probably how the other areas will follow."
With so many locations at stake, Salerno gave testimony at a public hearing on the issue Nov. 27, saying Carvel always has provided nutritional information, available in brochures in the store or on the company's Web site. He also asked the commission to reconsider allowing alternate labeling displays, such as posters. After the hearing, Salerno said he received a positive call from a commissioner who's interested in further discussing the request.
"We are taking that as a very positive sign," he said, "as we tried our best to show them that while we do not necessarily agree with the requirements, our goal was to have them work with us as we come to a workable solution."
New York City is one of 11 cities, states and counties — stretching from Hawaii to Chicago to Massachusetts — that are mulling over menu-labeling laws. Ten other proposals have been tabled or defeated. Of these, perhaps California's is most well known; Gov. Arnold Schwarzenegger vetoed the bill in October, denouncing it as "unfair" and "inflexible." But counties there and elsewhereare considering their own menu-labeling legislation.
So far, only one has succeeded in passing such a bill. King County, Wash. — which includes Seattle — enacted legislation in July that applies to chains with at least 10 units and collective annual sales of at least $1 million. Beginning in August 2008, restaurants must post the total number of calories in a size and typeface similar to other information about that item on the menu board. The ruling applies to standard menu items, or those offered for sale more than 60 days per year.
Overwhelming options
With the U.S. Centers for Disease Control and Prevention citing 34 percent of adults are obese, and a climbing rate of overweight children, proponents of menu-labeling laws say arming consumers with information at the point of decision would help them make healthier choices.
Many in the restaurant industry agree that customers should have access to that information, but opinions differ on exactly where the data should be.
Maureen Ryan, media relations manager for the National Restaurant Association, which represents 935,000 restaurant and foodservice outlets, said the NRA opposes a one-size-fits-all approach.
"Restaurants should have flexibility and freedom in how they may choose to provide nutrition data to their customers," she said. "Restaurateurs deliver nutrition information in ways that work best for them and their customers — including pamphlets, kiosks, tray liners, Web sites and more."
Dr. Joanne Lichten, a nutritionist and registered dietitian who has been monitoring away-from-home food for nearly 20 years, said the average consumer is unaware of the nutritional make-up of fast food.
"When I speak at conferences and companies about eating healthy in restaurants, I find that people are just as shocked at the information I provide as they were 10 years ago — even though more information is available," she said.
While she says nutritional information should be available at all restaurants, she doesn't think requiring it to be posted on menu boards is the solution for every business.
"Sure, it will work on simple menus with few variations on the menu item — sodas, cookies, French fries, etc.," she said. "But, what nutritional information do you include on more complicated products such as a hamburger or sub sandwich where it depends on the toppings chosen?"
For example, when Lichten listed all the variations of Starbucks coffee drinks for her book, "Dining Lean," the results took nearly five pages. The chain boasts 87,000 drink combinations, created by choosing size: short, tall, grande or venti; milk: nonfat, lowfat, whole or soy; flavored syrups: regular or sugar-free; and whipped cream or none.
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"For many restaurants, (menu labeling) is more complicated than it looks," Lichten said, suggesting that restaurants should be permitted to post the information in the format that works best for them: menus, menu boards, brochures, posters or interactive kiosks.
According to a Nov. 27 letter from the NRA to the Board of Health, that complexity makes it "futile" for restaurants to provide accurate labeling.
"Even in the most uniform of QSRs, posting calorie information in the manner proposed will not reasonably capture what is ordered and served," the letter says.
Customer choice
Burger King Corp. believes that menu-labeling laws impair the ability of consumers to make well-informed nutritional decision, said corporate spokesman Keva Silversmith.
"First, adding calorie information to a menu board requires either a giant-sized menu board or tiny print — difficult for customers to read and interpret," he said. "Second, calorie information alone is not a meaningful way to measure total nutritional value."
For those reasons, Burger King restaurants include information on a range of nutrition content, including sodium, protein, carbohydrates and cholesterol. The information is found on posters in restaurants and on the company's Web site.
No matter how much information is present at the point of decision, some in the industry aren't convinced it would make a difference in consumers' choices.
"Most of our customers know they are coming to us to treat themselves or their family," Salerno said.
Carvel has a no-fat ice cream product; however, it brings in only a small portion of the company's business. The reason?
"Our customers know what they want; they know it has some calories, but they want it anyway," he said.
And Salerno wonders if customers would support the change if they knew who would end up footing the bill.
