Knox County, TN Considering Calorie Counts on Menu Boards; List of Speakers from Nashville Meeting On Menu Boards

Knox County, TN is considering a law to put calorie counts next to prices on fast food and chain restaurant menus.

Over 60 percent of Knox County residents are overweight or obese. "It costs Knox County alone $200 million a year in extra medical costs for overweight and obesity," says Knox County Health Department Director Mark Jones.

Knox County officials have been looking at the proposal for a while, even traveling with Nashville (which has drafted its own version of the law) officials to cities that have already taken the plunge.

Here is a list of speakers (and the establishments they represented) at the public meeting held in Nashville, TN last month on its pending proposal:

Dr. Paul – MPHD - For
Robert DeYoung – White Castle System, Inc. - Against
Charlie Pastors – B.F. Nashville, Inc. – Wendy’s - Against (Wendy's Official Position at link)
Jarron Springer – Tennessee Grocers and Convenience Store Association - Against
Todd Saxey – The Old Spaghetti Factory, District Manager - Against
Kelly Napier – Rafferty’s Restaurants - Against
Anshika Sharma – MPHD Youth Advisory Board - For
Catherine Floyd – Citizen - For
Dr. Roger Cone – Vanderbilt University - For
Dr. Joan Randall – Vanderbilt University - For
Genie Moore – Middle Tennessee Chapter of the American Diabetes Association - For
Walt Baker – Tennessee Restaurant Association, TN Hotel & Lodging Assn.- Against
Leslie Cherry – O’Charley’s - Against
Nick Taras – Robert-Orr/Sysco - Against
Patrick Sheeny – CBRL Group, Inc. - Against
Dr. David Schlundt – Vanderbilt University - For
Stephen Anderson – Logan’s Roadhouse - Against
Dr. Tom Cook – Vanderbilt University - For
Dan Haskell - Tennessee Restaurant Association, TN Hotel & Lodging Assn., Gaylord Entertainment, Tennessee Retail Assn., Nashville Chamber of Commerce - Against
Rob DelMoro, Regal Entertainment Group - Against
Mark Balsinger, Carmike Cinemas - Against
Tony Thompson – National Association of Theatre Owners of Tennessee - Against
Tamara Lister – Famous Dave’s - Against
Nathan Ridley - Boult Cummings Law Firm - Against
Chelsea Williams – Citizen - For
Henson Moore – Schlotzsky’s Deli, Bojangles - Against
Claire McKeever –Food Security Partners of Middle TN - Against
Dr. Alisa Haushalter – MPHD - For

You can see for yourself where industry falls out on the proposal. The Board will consider the measure again at its February 9, 2009 meeting, where hopefully, the proposal will be voted on.

Restaurants Oppose What Will Likely Be The Nation's Toughest Calorie Disclosure Law

At last night's public meeting, restaurant representatives vocally opposed Nashville’s proposed calorie count disclosure law. Restaurant owners and trade associations have mastered all the talking points of the National Restaurant Association, and whined the following: (1) “They want to post calories, just not on the actual menu board or menu.” (2) “The measure will put restaurants out of business, or deter restaurants from opening in Nashville.” (3) “The costs are more than restaurants can manage in these hard economic times.” and, (4) Restaurants will close and jobs will be lost.”

The proposal is the toughest in the nation, and it would likely apply not just to the 500 or so fast food and chain restaurants in Davidson County, but also to Nashville’s public schools, its chain movie theaters, and supermarkets that serve prepared foods on site. The proposal is written very broadly and defers to state definitions for its applicability to "covered food service establishments."

Restaurant owners and trade associations are hoping for passage of the LEAN Act, pending federal legislation that would preempt all state and local menu board disclosure laws, and enable restaurants to post calorie information in menu supplements or on other signs. Also pending is the federal MEAL Act which mirrors NYC's menu law and would preserve similar and more restrictive local and state laws.

Board members voted to extend the deadline to Dec. 6 for public comment. The board will vote on the measure at its February meeting.

Battlelines are Being Drawn in Fast Food Menu Board Disclosure Legislation

Battlelines are being drawn on the fast food menu board laws. Attempts by industry to federalize disclosure laws are intended to weaken those laws and permit calorie/nutrition information to be hidden away from consumer access, in places like in menu inserts and separate handouts.

Nashville could be the first city in the South to require restaurants to post calories on menus. A public hearing is set for November 6th. If adopted, the calorie count requirement would begin Janunary 31, 2009 with a 90-day grace period. The proposed regulations would apply only to restaurants with 10 or more outlets nationwide. Calories would be posted on the menu or on a menu board, in the same size type as the price. The law would also extend to food tags, such as the calories in a tablespoon of ranch dressing on a salad bar.

The California Center for Public Health Advocacy has put this video up on Youtube showing what happens when customers need to consult a brochure.



We are following this story closely and will keep posting information as it becomes available. See our prior post.