New York City health officials, undeterred by a judge’s ruling that they were breaking federal law last time, are proposing that restaurant chains show calorie information prominently alongside menu options. This time NYC health officials have worded the ruling in such a way that it does not conflict with federal law.

Last month, Judge Richard Holwell ruled against the city’s rule for chain restaurants to show calorie information on its menus and menu boards. But the judge stated the ruling in such a way that it suggested how the city could reword their proposed legislation so it did not conflict with federal laws.

The new ruling by the New York City Department of Health and Mental Hygiene proposes that restaurant chains with 15 or more outlets anywhere in the US be required to show the calorie value of a dish on menus and menu boards.

Proposals being considered by the city’s health department suggest that calorie information be shown as prominently as the price of menu items, but it could be “associated” as opposed to “adjacent” to the items, for instance on food tags instead of on the menu board. Temporary items offered for less than 30 days would be excluded.

According to the New York Sun, the proposal has not been well received by the city’s restaurants. Charles Hunt, Executive Vice President for the New York State Restaurant Association (NYSRA), which brought the lawsuit against the city’s health authorities last month said the NYSRA’s argument agains the new proposal was the same as before and the biggest problem was the burden on small businesses. He said the government was “micromanaging small business”.

In documents provided for the lawsuit, the NYSRA said that showing calorie information misinformed consumers leading them to believe the calorie content of food was the most important information when choosing a healthy dish. They said that posters and websites gave much broader nutritional information and helped customers make better informed choices based on fat, sugar and carbohydrate content, for example.

New York City’s health commissioner, Dr Thomas R Frieden said that:

“The big picture is that New Yorkers don’t have access to calorie information.” But they “overwhelmingly want it,” he added.

The city’s health officials are pushing the initiative to help drive down the city’s 56 per cent obesity rate. They said that most consumers don’t know how many calories they are eating when they dine out or buy fast food.

A typical McDonald’s Big Mac, large fries and medium Coke comes to 1,320 calories which is two thirds of the average adult’s daily need. A Burger King triple Whopper with cheese has nearly as many calories, 1,230, without the fries and coke.

According to the New York Times, the new legislation would only apply to 10 per cent of the city’s 23,000 restaurants, but these account for around one third of food New Yorkers consume outside the home.

A survey carried out by the city’s health department earlier this year showed that only 3 per cent of people who bought meals at many of the city’s popular chain restaurants noticed the calorie information shown on websites and other places. This compared with 30 per cent who bought food at Subway, where calorie information is shown next to the cash register. The results showed that people who were aware of the calorie information consumed on average about 50 calories less than those who were not.

Frieden said that even if only 10 or 20 per cent of people who consume the 100 to 400 million meals that the targeted restaurants will serve every year, change their choices, “that’s a lot”. He said that:

“Obesity and diabetes are the only major health problems that are getting worse, and getting worse rapidly.”

“What people choose to eat and drink is of course entirely up to them. This measure will help people make more informed choices. Obesity and diabetes cause blindness, amputations, and tens of thousands of early deaths from strokes and heart attacks. Posting calorie information will help people make healthier choices about what to eat and drink – and live longer, healthier lives,” he added.

Margo G Wootan of the Center for Science in the Public Interest said that it was time chain restaurants stopped being fearful about showing calories on menus and started to see this as a business opportunity for competing more effectively with each other to offer consumers healthier dishes.

New York City’s board of health is soliciting public comment on the proposed ruling. A public hearing will be held on 27th November.

Click here for New York City Department of Health and Mental Hygiene.

Click here for New York State Restaurant Association (NYSRA).

Written by: Catharine Paddock