Tuesday, October 28, 2008

Industry Groups Support Watered Down Menu Disclosure Law (and its sponsors)

The National Restaurant Association, the International Franchise Association, and the National Council of Chain Restaurants, along with other state and local industry associations have fallen in line behind the Labeling Education and Nutrition Act (the LEAN Act, S.3575), and its sister resolution in the House (H.R. 7187). These groups support the LEAN Acts because under the Acts, calorie and nutrition information need not actually be disclosed at the point of purchase, on menus or on menu boards. Instead, the Act permits disclosure on menu inserts, appendixes or supplements, or on signs near the menu board, or near where patrons wait on line for service. There is no mandate to post information near the prices, where consumers might actually see it.

Also, the LEAN Act would preempt state and local laws that impose different and stricter standards the LEAN Act, effectively nullifying laws like those passed in New York City and California.

These groups likely oppose the MEAL Act (S.2784) also pending in the Senate. The MEAL Act, is similar to the law passed in New York City that mandates disclosure directly on menu boards and menus where consumers are most likely to access the information. In a recent lobbying filing, the National Restaurant Association listed “Mandatory Menu Labeling” and the “MEAL Act” as targets of its lobbying efforts.

The National Restaurant Association represents 52,000 member companies that own more than 254,000 restaurants. According to the Center for Responsive Politics, it has overwhelmingly supported Republican candidates since 1990, giving more than $8,000,000 to federal candidates for office – and 86% of its recipients were Republicans.

The co-sponsor of the LEAN Act, Senator Lisa Murkowski (R-AK) received $10,000 from the National Restaurant Association PAC to assist with her 2004 Senatorial Election Campaign. According to government records, Murkowski has also received $7,000 from the International Franchise Association, and $1,000 from the National Retail Federation (a division of which is the National Council of Chain Restaurants).

The sponsor of the LEAN Act’s sister Resolution in the House, HR 7187, is Representative Jim Matheson (D-UT). Matheson received $10,000 from the National Restaurant Association PAC to assist with his 2006 House Election Campaign. According to government records, Matheson has also received $3,000 from the International Franchise Association and $2,000 from the National Retail Federation.

The other Senate sponsor of the LEAN Act, Tom Carper (D-DE) received $2,540 from the National Retail Federation between 2002 and 2006.

The MEAL Act sponsor is Tom Harkin (D-IA) and its co-sponsors are Dianne Feinstein (D-CA) and Ted Kennedy (D-MA). The MEAL Act's House version, HR.3895 was sponsored by Rosa DeLauro (D-CT) and has 14 co-sponsors.

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