Q: Why are some places beginning to put nutritional information on their menus and menu boards - am I breaking the law by not including the information on the menu at my restaurant?
A: As society becomes more aware of health issues and obesity in America, lawmakers have started making a push for consumers to be informed about what they are eating - especially in the fast food industries. For example, the onus is placed on a restaurant to inform their customer that eating a Whopper with Cheese is going to account for more than 1/3 of the recommended daily caloric intake - without the fries. States, like NY, started pushing for nutrition information requirements some years ago. However, the issue was recently addressed in the Affordable Care Act.
In the ACA, the Food and Drug Administration proposed guidelines that would become law. Those guidelines are in the final stages of discussions and the requirements will go into effect soon. The guidelines require chains to post caloric information, information on fat, saturated fat, cholesterol, sodium, carbohydrates, fiber and protein, and also would have to provide the information to customers, in writing, upon request. Some highlights in the new law include:
* Applies to restaurants with 20 or more locations. Restaurants operations with less than 20 locations do not have to participate, though, they may voluntarily opt in;
* Only applies to restaurants or similar food retail establishment, as defined by more than 50% of their total floor area is used for the sale of food;
* Nutrition information must be posted on all menus, drive through boards, and menu boards;
* Contain a statement like "[a] 2,000 calorie diet is used as the basis for general nutrition advice; however, individual calorie needs may vary.”
* Self-service style restaurants, such as buffets, must also post nutrition information by each item as a per serving basis;
* Has a provision that vending machine operators that own 20 or more machines post caloric information.
Jonathan
Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team. Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.
LEGAL DISCLAIMER: The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user
***This article was posted as part of a question and answer series that Jonathan Boulahanis is conducting with Shiftgig.com. The article, as well as all other articles in the series, can be found at http://www.shiftgig.com/articles.
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