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Nutritional Information

Nutritional Information. Academy of Hospitality Industry Attorneys April 25, 2008.

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Nutritional Information

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  1. Nutritional Information Academy of Hospitality Industry Attorneys April 25, 2008

  2. “Anyone who thinks we’re going to walk away from trying to tell the public what they’re eating and what it’s doing to them doesn’tunderstand the obligation thiscity’s health department has. Wehave to tell people how to leadbetter lives.” New York City Mayor Michael Bloomberg in response to the districtcourt’s decision The New York Times, September 13, 2007

  3. Organizations That Have Publicly Supported Mandatory Menu Labeling (page 1) • American Cancer Society • American Heart Association • American Medical Association • California Center for Public Health Advocacy • California Optometric Association • Alameda County Board of Supervisors • American Academy of Pediatrics California District • American Diabetes Association • American Federation of State, County and Municipal Employees • AFL-CIO • Baldwin Park City Council • Berkeley City Council • California Adolescent Nutrition and Fitness Program • California Association of Family Physicians • California Black Health Network, Inc • California Chapter of the American College of Cardiology • Center for Science in the Public Interest (CSPI) • International Municipal Lawyers Association • National Association of County & City Health Officials • National League of Cities

  4. The Threat: CSPI Menu Labeling Mandates • Nutritional information must be on menus and menu boards • Restaurant and foodservice companies subject to law suits • Requirements vary from jurisdiction to jurisdiction • Information is not presented in a useful way for our guests • Mandate goes into effect quickly

  5. The Lawsuit Threat “Somewhere there is going to be a judge and a jury that will buy this, and once we get the first verdict, as we did with tobacco, it will open the floodgates.” – John Banzhaf, plaintiff's attorney and law professor The New York Daily News 1/22/2003

  6. Who is covered? New York City: Covered food service establishment shall mean a food service establishment within the City of New York (which includes the 5 boroughs) that is one of a group of 15 or more food service establishments doing business nationally, offering for sale substantially the same menu items, in servings that are standardized for portion size and content, that operate under common ownership or control, or as franchised outlets of a parent business, or do business under the same name. King Co. Washington:Chain food establishment means anyone of at least 15 food establishments within the United States doing business under the same name and collectively having at least one million dollars in gross annual sales and offering for sale substantially the same menu items, regardless of whether the food establishments are subject to the same ownership or type of ownership.

  7. Who is covered? San Francisco, CA: Covered food service establishment shall mean a food service establishment within the city and county of San Francisco that is one of a group of 20 or more food service establishments doing business in California, offering for sale substantially the same menu items, in servings that are standardized for portion size and content, that operate under common ownership or control, or as franchised outlets of a parent business, or do business under the same name.

  8. The Threat is Spreading • More states and localities • Requirements will grow over time • Federal mandate bill

  9. Addressing the Threat: Federal Preemptive Legislation • Requires large restaurant and food service chains to provide nutrition information • Preserves the menu. Only addition is notice that nutrition information is available • Information required: calories, sodium, carbohydrates, protein, fats • Uses NLEA Standard: consistent, meaningful information to guests

  10. Preserves Flexibility and Choice • We choose how this information is presented • Determining information should be simple and inexpensive • FDA has flexibly defined “reasonable basis” for determining nutrition information — any reasonable means can be used

  11. Exemptions • Exempts small chains (fewer than 20 units) and independents • Exempts non-regular menu items (offered fewer than 90 days) • Generally exempts alcoholic beverages • Exempts condiments

  12. Who Is Covered? Jim’s Rib Shack is a concept with 30 units.Bill’s BBQ is a concept with 15 units. Covered Exempt Owner of Jim’s Rib Shacks Owner of Bill’s BBQ Owner of one Jim’s Rib Shack franchise Owner of one Bill’s BBQ franchise Owner of 30 restaurants, but none part of a chain with 20 or more units Owner of three non-chain restaurantsand one Jim’s Rib Shack except for the Jim’s Rib Shack

  13. Protections • Greater protection from lawsuits • Federal preemption of state/local mandates • More time to adapt: final regulations come into force two and a half years after enactment

  14. Nutritional Information Academy of Hospitality Industry Attorneys April 25, 2008

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