1. Menu Labeling
Hoff Hospitality Law
Charles Hoff JD, MBA
By PresenterMedia.com

2. State & Local Menu Labeling Laws Introduced,
Passed, and Implemented

3. Inconsistent Local Regulations & Compliance
Who Needs to Comply:
a) 10 locations nationally
b) 15 or more locations nationally
c) X within the state
Beverage Counts:
a) Only Non-alcohol beverages
B) ALL beverages including Alcohol
Exemptions: Promotional Items, Test Items, and Buffet Service
a) Specials that appear on menus for less than thirty (30) days per year.
b) Specials that appear less than 60 days/year or is a test market item that appears less than 90
days/year
c) Foods sold by weight or custom order quantity.
d). Foods at a buffet, salad bar, or other self-serve
Penalties:
Montgomery County, MD – up to $500 per day; Shut down for three days
NYC – Up to $2,000
California – Fines of no less than $50, and no more than $500.

4. Evolution of Menu Labeling
1/2006: FDA requires Trans Fat to be listed on the Nutrition Facts panels of food
labels; Followed by cities banning trans fat
1/2007: NYC is the first city to pass menu labeling law
1/2008: Industry lawsuit filed (New York State Restaurant Assoc v NYC Board of
Health)
2008: NYC wins – Opening the door to state Menu Labeling legislation (i.e. New
York State, Maine, Mass, Oregon, New Jersey, and Tennessee
3/2010: Passage of Section 4205 of the Patient Protections and Affordable Care
Act . (ACA, aka Obamacare)
6/2012: Supreme Court upholds ACA

5. FDA Timeline & Anticipated Effective Date
• FDA Federal Register notice for Public Commentary - July
2010 to October 2010
• Proposed implementation date April 2013
• Delayed as a result of Pizza Restaurants, supermarkets,
convenience stores and other retailers that sell prepared
food.
• Restaurant Chains will have 6 months to comply from date of
implementation.

6. Menu Labeling - Public Polling Data
Question Poll % Support/Agree
National Polls
Fast-food and other chain restaurants should list
nutritional information, such as calories, fat,
sugar or salt content on menus and menu boards
Caravan Opinion Research
Corp., 2008
78
Menu boards should list nutrition information for
all items served
Technomic Inc., 2007 74
Restaurants should make nutrition information
available for all menu items
ARAMARK Corp., 2005 83
Restaurants should be required to provide
nutrition information, including calories, on
menus
Global Strategy Group,
2003
67
Statewide Polls
Support requiring fast-food and chain restaurants
to display calorie content on menus or menu
boards
End Hunger Connecticut,
2007
82
Support requiring fast-food and chain restaurants
to post nutrition information on their menus
California Center for
Public Health Advocacy,
2007
84
SUMMARY OF POLLS ON NUTRITION LABELING IN RESTAURANTS

7. Why the Restaurant Industry Supports the
Federal Guidelines
We are deeply disappointed by the
Montgomery County Council’s passage
of this legislation. While politically
popular, local menu labeling laws
contribute to a growing patchwork of
inconsistent regulations that confuse
both restaurateurs and their
customers. We believe that nutrition
disclosure laws are best handled at the
federal level to insure a uniform,
nationwide standard for chain
restaurants that operate in multiple
jurisdictions. -- Restaurant Association
of Maryland
“Having a uniform, national standard allows
us to take a consistent approach to providing
nutritional information, rather than having to
react to inconsistent state and local
regulations,” Jeffers said. “This will ensure our
guests see the same information, presented in
the same manner, no matter where they dine
with us.”
“The primary cost will come from printing
new menus,” he said. “Having a single, national
standard will allow us to minimize cost by
printing uniform materials for each of our
brands.”
--Rich Jeffers, Darden Restaurants Inc.

8. FDA Menu Labeling Basic Regulations
• Must use the word “Calorie” or “Cal”
• Must be in a color that has the same level of visibility as
the color of the menu item itself; does not have to be the
same exact color
• Must be the same font size
• Must appear on or adjacent to the menu board; may not
be listed on a separate board in a different area of the
restaurant

9. Menu Labeling Basic Regulations
• Must cover all standard menu items (food and
beverages); test items appearing on a menu for up to
90 days are exempt.
• Standard menu items include food that is routinely
listed or offered as a self-service food or food on
display.
• Combo meals must list standardized ranges of calories
for combinations unless, if there are specific
alternatives, specific related calorie info must be listed.

10. Menu Labeling Basic Regulations
• Must include the following notification:
Consuming 2,000 calories per day is generally recommended. Consider how menu
items fit within your total daily needs, which may be higher or lower depending on
age, gender and level of physical activity; or
A 2,000-calorie daily diet is used as the reference point for general nutritional advice.
Calorie needs vary depending on age, gender and level of physical activity
• Must include notification that more nutrient
information is available in writing upon request.
Additional information to be available to consumers: calories, calories from fat, total
fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, dietary fiber,
sugars, and protein

11. The FDA will enforce “strict liability”, no exceptions whether the
violation is intentional or a mistake.
All penalties are:
a) likely to be civil in nature,
b) if repeated or deemed intentional or fraudulent, they could
lead to criminal liability.
•Enforcement & Penalties

12. Protection from Regulators & Lawsuits
• Preemption from state and local laws
• All nutrient content disclosures must have a REASONABLE basis.
Nutritional information could be determined using nutrient databases, cookbooks,
laboratory analyses, labels on packaged foods, or “any other reasonable means.”
• Practical issues come into play, i.e.
a) How the required information will be incorporated into the menu structure (and
updated when required),
b) The source of the information used and related accuracy issues,
c) How franchisee training and compliance will be monitored by restaurant
companies’ legal, marketing, training and other departments.

13. Emerging evidence suggests that
menu labeling does not impact
revenue, and could have positive
effects on the reformulation of
menu items and other aspects of
the restaurant environment (e.g.,
promotion and signage).*
*Impact of Menu Labeling on Consumer Behavior: A 2008–2012 Update
University of Minnesota, School of Public Health
Impact on Revenue
Photo credit: Eric Zelz | BDN

14. • A study with college students showed that
calorie labeling on entrees led to selection of
entrees with lower calories without reducing
overall sales revenue.¹
• In Washington, adding caloric and nutrient
information on the menus at full-service
restaurants resulted in consumers purchasing
entrees lower in calories, fat, and sodium.²
• Menu labeling may lead to parents choosing
lower-calorie restaurant meals for their
children.³
• Some studies suggest that the food service
industry may respond to mandatory labeling by
producing healthier options to expand their
customer base and increase sales.⁴
Impact on Revenue
• Girz, L, Polivy, J, Herman, CP, & Lee, H. The
effects of calorie information on food selection
and intake. International Journal of Obesity, 2011;
36:1340–1345
• Pulos E, Leng K. Evaluation of a voluntary menu-
labeling program in fullservice restaurants. Am J
Public Health. 2010;100:1035-1039.
• Tandon PS, et al., Nutrition menu labeling may
lead to lower-calorie restaurant meal choices for
children. Pediatrics. February 2010. 125(2):244-
248.
• Vadiveloo, MK, Dixon, LB, & Elbel, B. Consumer
purchasing patterns in response to calorie
labeling legislation in New York City. International
Journal of Behavioral Nutrition and Physical
Activity, 2011, 8(1), 51.

15. • Research in NYC about the impact on consumer
behavior and industry response has provided
valuable information. Initial consumer reaction
to the NYC regulation was very promising:
• • Eighty-six percent of consumers thought it
was a positive move;
• • Eighty-four percent said they read the calories
on menus;
• • Ninety-seven percent said that calories were
higher than they expected; and
• • Seventy-seven percent said that restaurants
have a responsibility to respond to consumers’
nutritional concerns.
Source - Technomic, Inc. Executive Summary. Consumer
Reaction to Calorie Disclosure on menus/menu boards in
New York City. Project Number 13109.September 2008.
What the Public Thinks

16. Benefits
Technological Innovations:
• Tablets
• Mobile Applications
• Nutrition Calculators
• Electronic Menu Boards
Potential for new offerings:
• Smaller Portions = better food costs
• Healthy Options

17. Anticipated Costs
The FDA estimates a cost of $269 per item to determine
this information, while some industry groups have
determined it will cost as much as $500 to $1,000 per
item. (66)
Congressional Research Service - Nutrition Labeling of Restaurant Menus
Amalia K. Corby-Edwards
Analyst in Public Health and Epidemiology
November 19, 2012
(66) Regulatory Counsel, Food Marketing Institute, Menu Labeling: Did FDA Overreach?, Food and Drug Policy Forum, Vol. 2 (13), Washington,
DC, July 11, 2012, http://www.fdli.org/resources/resources-order-box-detail-view/menulabeling-did-fda-overreach-.

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