We’ve probably all had the experience of tasting something really good at a restaurant but not really wanting to know how much butter and cream it has in it. Well, on the eve of the Great Feast, Congress may be preparing to change all that through nationwide menu labeling. Restaurants operating more than 20 locations would be required to list the amount of calories and other nutritional values for standard menu items. The provision, which is buried inside the massive healthcare bills passed by the House and being considered by the Senate, would also set uniform, national standards for menu labeling, preempting state and local laws whose differences have reportedly burdened restaurants and confused consumers.
Specifically, the bills would require restaurants to have a “reasonable basis” for the nutrition information provided. This standard -- currently applicable to voluntary nutrient content claims made by restaurants -- is set forth in regulations under the Nutrition Labeling and Education Act (NLEA) and will allow restaurants to obtain nutrient information for menu items from sources such as recipes, nutrient databases, and analytical testing.
The theory, of course, is that spurred on by menu labeling, restaurants will offer healthier menu items and that consumers will make healthier menu choices. Time will tell. Meanwhile, menu labeling is only one of many provisions in the health care bills that go beyond health insurance to address consumer behavior. Consumer protection lawyers may want to keep an eye out for such provisions as the health care bills move forward.
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