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Industry criticizes report’s suggestion that fast-food bans will curb obesity

WASHINGTON Industry officials are assailing a recently published report recommending that local governments seeking to curb obesity should ban fast-food restaurants from operating near schools and in certain neighborhoods.

Areport by the Institute of Medicine and the National Research Council released earlier this week cited zoning restrictions on fast-food restaurants near schools and playgrounds as one of several strategies communities might employ to halt the increase in childhood obesity.

While not pursued extensively, the strategy of restricting development of fast-food operations for health reasons is gaining traction and has been addressed in municipalities like Los Angeles, New York and San Jose, Calif.

The current report, "Local Government Actions to Prevent Childhood Obesity," also advocates enacting taxes on high-calorie, low-nutrient foods and drinks, and requiring calorie and other nutritional information on restaurant menus.

"The healthy choice must be the easy choice," said Eduardo J. Sanchez, vice president and chief medical officer, Blue Cross and Blue Shield of Texas, in a statement. "Although leisure activities and food consumption are personal matters, local environments influence the choices people make."

The report says that over the past 35 years, the percentage of obese American adolescents has tripled, increasing from 5 percent to nearly 18 percent. Another recent report published by Health Affairs, a health policy journal, in July said obesity resulted in $147 billion in medical costs in 2008.

David Martosko, director of research for the Center for Consumer Freedom in Washington, D.C., maintained that there is only Òvery limited evidenceÓ to support the implementation of such bans. "The big picture is [activists] want to control what everybody is eating. The theory is that weÕre too stupid to make our own eating choices, so let's make sure the restaurants are far away from you."

Richard Berman, president of Berman & Co., a lobbying firm specializing in research, and executive director of the CCF, addressed the issue earlier, saying: "By dictating diet through law, restaurant zoning would not only fail to protect the public, it would actually hurt many families. Unlike most bodegas and corner stores in poor neighborhoods, fast-food menus include yogurts, fruits and fresh veggies. For low-income families, these restaurants offer a rare opportunity to enjoy fresh food in a clean setting for a few bucks."

"Health zoning," while not yet widely pursued, has been debated by lawmakers in several areas around the country. Los Angeles councilwoman Jan Perry last year championed a yearlong moratorium on the development of all quick-service restaurants in South Los Angeles. Perry said that goal was to reduce diabetes and obesity in the economically depressed, 32-mile-square area. The council is expected to debate an extension on the moratorium.

Asimilar yearlong ban was proposed by three members of the San Jose City Council last summer, citing concerns about rising obesity rates in the city. The proposal was voted down, however.

Earlier this year New York City Councilman Eric Gioia proposed a moratorium on the opening of new fast-food outlets within 500 feet of a school. "There is a new study out of Columbia and out of Berkeley that points out that when you have a fast-food restaurant essentially on a corner within about 500 feet of a school...the children in the school have about a 6-percent chance more likely to be obese," Gioia said in an interview with Fox News' Neil Cavuto.

And, more recently, People for the Ethical Treatment of Animals, or PETA, asked Newark, N.J., mayor Cory Booker to ban the construction of quick-service restaurants in the city. PETA executive vice president Tracy Reinman said, "Meat-heavy fast food is making Americans fat and raising the risk of heart disease, strokes, diabetes and cancer."

Troy Flanagan, director of government relations for the International Franchise Association in Washington, said the IFA had opposed the moratorium in South Los Angeles when it was being debated. "Just from an economic perspective it's a bad idea. Why would you want to prevent people from owning their own businesses?" he said. "Small business development and franchising allows business growth in cities. If businesses [in these areas] were not frequented by customers, they wouldn't survive."

While the IFA has not "gotten involved in the health debate," Flanagan said, "we have restaurant members who sell all types of food and offer healthier options. There are choices out there. It's a personal decision."

In the meantime, many in the foodservice industry expect to see the "health zoning" issue spread to other areas in the future. "It's somewhat of a new debate, but I wouldn't be surprised to see more of these," Flanagan said. "Municipalities are often the laboratory for new ideas."

"It's like a copycat lawsuit," Martosko said. "As soon as somebody comes up with the idea and gets some press from it, other knuckleheads will try it, too."

Contact Paul Frumkin at [email protected]

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