Are restuarants illegally keeping calories a secret?
January 16, 2011 3:30 PM   Subscribe

Are restaurants breaking the law by not providing nutritional information, and what can I do about it?

It was widely reported last year that the healthcare law passed by the Obama administration would require all chain restaurants with at least 20 locations operating under the same name to provide nutritional information (ex: 1, 2, 3).

I searched the text of the bill and found the provision where this is stated (section 2572, page 1510 in the linked PDF), what I read seems to support what has been reported - that restaurants with at least 20 locations must provide nutritional info.

Despite this, many restaurants do not seem to be providing this information at present (for example, TGI Fridays, and Leo's Coney Island). I would really like to get nutritional information for all the restaurants I frequent. My question is: (1) are these restaurants breaking the law by not providing this information either on their menus or on their websites, and (2) if so, what can I do to encourage/push them into providing this info?

I understand that you are not a lawyer, or at least not my lawyer, and I promise not to take answers as legal advice. Thanks for your insights Mefites!
posted by Vorteks to Food & Drink (13 answers total) 1 user marked this as a favorite
 
If you read further down, there are time limits. It looks like [someone] has to release regulations for the rules within a year of passage, and then there seems to be another 120 days to comply.
posted by gjc at 3:39 PM on January 16, 2011 [1 favorite]


I'm not really answering your question but there are apps (and sites, like Livestrong.com) that break down the nutritional information for certain menu items. I know they, for one, include TGIF's menu.
posted by thinkpiece at 3:45 PM on January 16, 2011


Best answer: For those of you scolding the questioner, really, get off your high horses.

As for when this must be enacted according to the FDA:
...requires FDA to issue proposed regulations to carry out the provisions of section 4205 no later than March 23, 2011.

I am glad this is being included in restaurant menus. The more people know about what they are eating, the better. And it will be more effective at the point of sale.
posted by fifilaru at 3:51 PM on January 16, 2011 [2 favorites]


Best answer: I can't seem to find it now, but I believe that this law did not take effect immediately. There is a deadline (a year or two maybe?) for its rollout partly because of the work involved for the restaurants (e.g new signage) and partly because the FDA is working on the details of the labeling. It can't be implemented without the FDA labeling guidelines in place.
posted by dayintoday at 3:55 PM on January 16, 2011 [1 favorite]


Oops, looks like fifilaru has the date. Should've previewed!
posted by dayintoday at 3:56 PM on January 16, 2011


+1 perfectly normal to want to know. I am usually shocked at how bad things are and even when I pick a healthier option I want to know how much I'm going over my sodium and fat limit so I can make up for it the rest of the day.

OP, not sure about legality, but some restaurants have the info available only on request (i.e., you have to write the company to get it). Have you tried that with companies that don't offer easy access to nutritional information? You could even mention that you are unlikely to go to restaurants that don't provide information about nutrition (try to goad them into providing it).

Also, if you search online, sometimes diet sites (esp. Weight Watchers followers) have gone through the trouble already to get nutritional information on restaurants.
posted by parkerjackson at 3:57 PM on January 16, 2011


You should be aware that, aside from ingredients, the nutrition information you will be provided will probably be a pack of lies. The way these chains go about measuring the ideal nutritional profile of their meals will not take into account what the individual restaurants do to make things more palatable, like adding oils/butter/salt, and increasing portion sizes.

In a way these nutrition labels will be worse than useless, because they will transform the public from merely ignorant, to outright deceived.
posted by overeducated_alligator at 4:03 PM on January 16, 2011 [3 favorites]


Mod note: A few comments removed. Dismissive remarks that don't answer the question are not answers. Do not post them.
posted by cortex (staff) at 4:05 PM on January 16, 2011


Best answer: TGI Fridays do publish some allergy and dietary information on their UK site, this is no doubt prompted by the UK healthy food initiative so it probably applies to a few other international restaurant chains too.

Of course theres no guarantee the UK and American menus are comparable, but its a start.
posted by Lanark at 4:34 PM on January 16, 2011


Best answer: In California, the state nutrition information law took effect on 1/1/11 but even before then, I'd see in restaurants like Fridays (but not Fridays, haven't been to one in a few years) would have a nutrition booklet that sort of looked like another drink or special menu. At an IHOP, I think they have the list a few months ago on a piece of plain paper.

I noticed the signage in fast food (Subway, In-n-Out) and coffee shops like Starbucks and CoffeeBean are up (or listed on the item).

Because not every Fridays (or Chilis or Macaroni Grill, etc) has the same stuff all the time, their website may not list every menu item in the universe. And items are different at different stores.

I don't have the same cynicism overeducated+alligator has about the labeling. A 1,300 cal label on a milkshake may vary +/- 20% depending on local preparation and other things, but it is still 1,300 +/- 20% calories than a cup of water.
posted by birdherder at 4:38 PM on January 16, 2011


Response by poster: @fifilaru - Thanks! That's exactly what I was looking for. Somehow I had it in my mind that the effective date was 1/1/2011. I guess they have a bit more time then.

Does anyone know what the penalty will be for non-compliance after the law takes effect, and if there'll be a procedure for filing complaints or some other enforcement procedure?

@Lanark - That's very useful. Thank you. It never would have occured to me to look overseas. Sure, the information I might find on those sites probably differs from what's used in the US (and the portion sizes might be different too), but a ballpark idea of what's in an entree is better than nothing at all.
posted by Vorteks at 5:35 PM on January 16, 2011


You should be aware that, aside from ingredients, the nutrition information you will be provided will probably be a pack of lies.

This. Your best course of action in getting restaurants to post this info is just to write them a letter encouraging them to, including why it's important to you and why it should be important to them (maybe include the relevant legal text).

But if your goal is to know what you're eating, you'd be better off both educating yourself (getting good at estimating portion sizes and weights) and using an app. My experience as someone who weighs much of what he eats at home is that restaurants' ballpark figures aren't even near the ballpark.
posted by coolguymichael at 8:29 PM on January 16, 2011


Best answer: Anyone wondering about this, it is still ongoing. The original draft regulations were withdrawn back in January, new draft regulations were issued on April 1st, and here is the current status:
The FDA is seeking public comment on the proposed rule for menu labeling for 60 days (until 06-06-2011). Comments on the proposed rule on vending machines may be submitted for 90 days (until 07-05-2011). The FDA plans to issue final rules before the end of 2011.
On the anecdote side, TGI Fridays here did issue new menus with calorie counts at one point, but I assume they saw how slow the rulemaking was going and they removed the counts in their new seasonal promotional menus.
posted by smackfu at 5:45 AM on June 23, 2011


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