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Industry, watchdogs prepare to battle over dueling menu-labeling mandates

Industry, watchdogs prepare to battle over dueling menu-labeling mandates

WASHINGTON —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Both the Menu Education and Labeling, or MEAL, Act, and the Labeling Education and Nutrition, or LEAN, Act, are expected to be reintroduced early in 2009 when the House of Representatives and the Senate reconvene, experts say. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

While the MEAL Act, which was sponsored in the House by Rep. Rosa DeLauro, D-Conn., and in the Senate by Tom Harkin, D-Iowa, has not gained much traction with lawmakers since it was originally introduced in 2003, heightened interest in menu labeling at the state and local levels is giving hope to its supporters. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

“We’ve seen a significant amount of action and movement in the states and cities,” said Adriana Surfas, communications director for DeLauro. “It’s a growing movement. So [the measure] is gaining steam.” —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Areas that have passed nutrition disclosure laws include Philadelphia, California, New York, Westchester County, N.Y., and King County, Wash. Similar bills also are pending in several states and localities across the United States. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Meanwhile, Louisville, Ky.-based Yum! Brands Inc., the giant franchisor of Taco Bell, KFC, Pizza Hut, Long John Silver’s and A&W, agreed voluntarily to post calorie counts on the menu boards of all of its domestic outlets by Jan. 1, 2011. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

The DeLauro and Harkin measures would require restaurants with 20 or more locations to list calories, grams of saturated and trans fats, and sodium content on printed menus, and calories on menu boards. Restaurants with menu boards would be required to post the number of calories adjacent to the food item. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Surfas was unable to identify any specific alterations that might be made to the new bill, but said there likely would be a few. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

“Our priority is to make sure information is on the menu and easily accessible to consumers,” she said. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Several groups have come out in support of the DeLauro-Harkin bill. The American Heart Association advocates posting calorie information directly on menu boards and menus, as does the Center for Science in the Public Interest. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

“We are totally on the side of Sen. Harkin and Congresswoman DeLauro,” said Michael Jacobson, executive director of Washington, D.C.-based CSPI. “The key thing is that useful information must be associated with the food itself as opposed to being on a separate listing or on an appendix. Nobody’s going to use it if you have to flip to the back of a menu.” —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

While officials from the National Restaurant Association have held amicable meetings with DeLauro, the NRA remains opposed to her bill, stating that the legislation lacks flexibility as to where data must be posted, does not establish a uniform national standard for nutrition disclosure and, importantly, does not have a pre-emption clause. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

“It would leave us with a patchwork of laws around the country,” said John Gay, the NRA’s senior vice president of government affairs and public policy. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Scott Vinson, director of government relations for the National Council of Chain Restaurants, said, “It’s also better for consumers to have a national standard, like they do with packaged foods.” —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

The NRA, the NCCR, and a 30-plus-member coalition of associations and foodservice chains have marshaled support behind the bipartisan LEAN Act, which was introduced in September by Sens. Tom Carper, D-Del., and Lisa Murkowski, R-Alaska. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Rep. Jim Matheson, D-Utah, introduced a companion bill. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

The LEAN Act would require restaurant and grocery chains with 20 or more outlets to make nutrition data for menu items available to customers before they reach the point of purchase. Operators with menu boards would have the option of listing calories on the board, on a sign adjacent to the menu board, on a sign in the wait line or by other means as determined by the U.S. Department of Health and Human Services. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

It also would allow restaurants with menus to list calories on the menu, on a supplemental menu, on a menu insert or on a menu appendix. Additional nutrition data, like information stated in standardized listings on all packaged-food containers, would be required to be available in writing before patrons reach the point of purchase. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Restaurants also would have to post a statement on their menu boards or menus indicating that the suggested daily caloric intake is 2,000 calories. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Key to the legislation is the provision stating that, if passed, the LEAN Act would supersede all state and local regulations. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

“The MEAL Act establishes a national floor, but allows states and localities to make additional requirements,” Gay said. “The LEAN Act would create a national standard for labeling in restaurants.” —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Jacobson said the CSPI opposes the pre-emption, noting it would be “a mistake.” —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

“Often, cities and states are more sensible [than federal lawmakers] and want to go further with providing certain kinds of information,” he said. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Meanwhile, he added, CSPI “will continue to press for city and state [menu-labeling] laws.” —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Even within the foodservice industry, debate over menu labeling continues. Yum had stated earlier that while it supported menu labeling, it opposed regulations exempting foodservice brands with fewer than 20 locations. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

“We think that’s patently unfair,” Jonathan Blum, Yum’s senior vice president of public affairs, had said earlier. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Yum maintains that there should be no exceptions and that all restaurants and meal sources should post calorie information on their menus or menu boards. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

In the meantime, lawmakers and association officials are gearing up for the change in Congress in January. Vinson said the coalition hopes to move the LEAN Act forward, although he noted: “There are plenty of other things vying for Congress’ attention. Still, it’s top-priority for us.” —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

Gay believes progress can be made on the legislation, although he added that some of the groundwork laid last year for the LEAN Act would have to be revisited. He said proponents of the bill had met with Rep. John Dingell, D-Mich., the chairman of the House Committee on Energy and Commerce, to which both measures have been referred. However, with the new Congress, Dingell will be replaced by Rep. Henry Waxman, D-Calif. Waxman is listed as a co-sponsor of the MEAL Act. —Debate over the controversial menu-labeling issue is likely to heat up next year when two federal measures requiring the posting of nutrition data in chain restaurants face off in the 111th U.S. Congress.

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