Restaurateurs Debate Menu Labeling Mandates

Menu Labeling Laws: Who They Impact & What They Require

Proponents and opponents of menu labeling – that is, declaring nutritional values such as calories beside a listed item – have been debating proposed measures across the nation for more than a decade, but long-anticipated federal menu labeling laws went into effect May 2018. The laws require chain restaurants to post calorie counts for each item on printed menus and menu boards as a way to help consumers make more health-conscious choices.

A Quick History of America's Menu Labeling Laws

Prior to the implementation of a national labeling mandate, laws that passed in several cities and states contained similar measures aimed at disclosing the nutrition values of restaurant menu items.

An early adopter of this legislation, New York City passed calorie labeling laws in 2006 with a revised version of the requirement going into effect at the beginning of 2008.1 Similar measures debuted in King County, Wa., which encompasses Seattle, in early 2009.2 California became the first state to pass a menu labeling law in 2008,3 which went into effect in 2011, and Oregon passed menu labeling regulations in 2009 that went into effect in 2010.4

Later, in 2015, New York City's Board of Health passed a rule requiring restaurant chains with 15 or more locations to print warnings on their menus next to items containing 2,300 or more milligrams of sodium, the FDA's maximum recommended daily intake. The regulation met opposition from the National Restaurant Association (NRA), but was eventually held up in 2016 by the state's Supreme Court.5 Although most menu labeling laws only require the calories to be listed alongside an item, establishments that are subject to these regulations are usually required to disclose sodium content and additional nutrition information or make that information available to customers upon request.

The FDA's Menu Labeling Requirements

Additional laws were introduced and enforced on local and state levels across the nation prior to the national legislation passed in 2010 as an amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act).6 It affects restaurant chains and other foodservice venues that have 20 or more locations operating under the same brand. A summary of the law is provided on the FDA's website:

"The menu labeling requirements apply to restaurants and similar retail food establishments that are part of a chain with 20 or more locations. In addition, they must be doing business under the same name and offering for sale substantially the same menu items. Covered establishments must disclose the number of calories contained in standard items on menus and menu boards. For self-service foods and foods on display, calories must be listed in close proximity and clearly associated with the standard menu item. Businesses must also provide, upon request, the following written nutrition information for standard menu items: total calories; total fat; saturated fat; trans fat; cholesterol; sodium; total carbohydrates; sugars; fiber; and protein. In addition, two statements must be displayed—one indicating this written information is available upon request, and the other about daily calorie intake, indicating that 2,000 calories a day is used for general nutrition advice, but calorie needs vary."
FDA Menu Labeling Requirements7

Some county and state laws enacted prior to the federal standards, such as those in New York City and King County, make these menu labeling laws applicable to chain restaurants with 15 locations instead of 20. Another clause in the amendment requires vending machine operators with 20 or more machines in operation to display calorie counts for items served by the machine.8

After the FDA's rules went into effect in 2018, the administration spent a year working alongside operators, offering education about the rules and helping establishments become compliant before enforcement of the legislation began in 2019. Those rules were later relaxed during the coronavirus pandemic "for the duration of the public health emergency" as many operators closed their dining rooms and debuted altered menus that focused on carryout and delivery.9

Resources

  1. New York City's Fight Over Calorie Labeling. Health Affairs. Accessed February 2022.
  2. Changes in Awareness and Use of Calorie Information After Mandatory Menu Labeling in Restaurants in King County, Washington. Healthy Eating Research. Accessed February 2022.
  3. California First State in Nation to Pass Menu Labeling Law. Center for Science in the Public Interest. Accessed February 2022.
  4. Oregon's Menu Labeling Law. Oregon Health Authority. Accessed February 2022.
  5. Judge Rules NYC Can Require Sodium Warnings On Restaurant Menus. NPR. Accessed February 2022.
  6. FDA's Implementation of Menu Labeling Moving Forward. U.S. Food & Drug Administration. Accessed February 2022.
  7. Menu Labeling Requirements. U.S. Food & Drug Administration. Accessed February 2022.
  8. Vending Machines Labeling Requirements At-A-Glance. U.S. Food & Drug Administration. Accessed February 2022.
  9. FDA Provides Flexibility Regarding Menu Labeling Requirements for Chain Restaurants and Similar Retail Food Establishments During the COVID-19 Pandemic. U.S. Food & Drug Administration. Accessed February 2022.