FDA counts calories, food industry counts costs of 'regulatory burden'
The FDA unveiled new rules today requiring restaurants with at least 20 locations to display the calorie count of items on their menus. Restaurants and food retailers will have until November 2015 to comply. Additional information including fats, sugar and sodium are also required to be available to consumers upon request.
The proposal was part of the 2010 Affordable Care Act, but the FDA toughened some of the requirements. The rules will also apply to movie theaters, amusement parks, convenience stores and grocery stores that sell prepared foods. It includes vending machines as well.
In a press release, FDA Commissioner Margaret A. Hamburg said, “Making calorie information available on chain restaurant menus and vending machines is an important step for public health that will help consumers make informed choices for themselves and their families.”
Health advocates say the new rules will help stem the obesity epidemic in the U.S., but conservative groups and some food retailers are saying the FDA went too far. The Heritage Foundation calls the rule change “a shocking power grab that ignored the plain language of the law.”
The rules will likely hit many of the smaller grocery stores and convenience stores hardest. The requirements apply to prepared foods made to feed one person, but do not include deli meats, bulk deli salads or rotisserie chickens.
The National Grocers Association, the trade group consisting of privately-owned food retailers and publicly-traded companies where controlling shares are held by a family, says the rules are too heavy. “Grocery stores are not chain restaurants, which is why Congress did not initially include them in the law. We are disappointed that the F.D.A.’s final rules will capture grocery stores, and impose such a large and costly regulatory burden on our members.”
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“It’s not just about the cost, the logistical hassle of labeling stuff,” says Yahoo Finance Senior Columnist Michael Santoli. “If you have a chain of small gourmet supermarkets, it’s not as easy to just constantly comply with this,” says Santoli.
The rules are slightly more strict than those originally proposed. Alcoholic drinks are now included as well. However, the rule covering alcohol only applies to drinks that appear on menus and on menu boards. Mixed drinks at bars will not be included.
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