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.

Westchester County To Vote on Menu Board Bill

Westchester County, NY is poised to vote on passage of a calorie/nutrition disclosure bill that would require chain restaurants to post calories counts on menu boards. This bill is similar to laws in New York City and California. The New York Restaurant Association unsuccessfully challenged the New York City law in court last year.

The National Restaurant Association (NRA) favors a federalized approach to menu disclosure laws. A federal statute would likely preempt tougher local and state menu laws. The bill favored by the NRA (called the LEAN Act) would permit fast food restaurants and sit down chains to put calorie and nutritional information in menu supplements or inserts, or on signs separate from the menu board.

A better bill pending in the Senate (called the MEAL Act) would make the New York City disclosure law the national standard. This battle is being fought out all over the country. Now is the time to weigh in for tougher standards.