New York Counting on Calorie Law


Chicago Tribune

(MCT)

NEW YORK - It's enough to ruin your appetite.

And, in a way, that's exactly what the New York City Department of Health and Mental Hygiene intended when it decreed calorie counts must appear on the menus of many of the city's restaurants.

New York, which is battling ballooning rates of obesity and diabetes, contends that providing the information is important because consumers often underestimate the number of calories in meals. Just as they apparently overlooked the dangers of trans-fats, which the city banished last year.

"I think it's a good idea if you want to know. I don't want to know. The guilt comes in when you see it in black and white," said Manhattan insurance agent Angelica DiCarlo, 47 of the new requirement. "If you go to McDonald's and order a Big Mac you don't have to know how many calories it is to know it's no good for you."

Adopted in 2006, the new statute - which last month survived the latest legal challenge by the New York State Restaurant Association and is under appeal - finally went into effect on April 30. It affects city outlets of chains with more than 15 restaurants nationally that offer recurring menu items in servings that are standardized for portion size and content. They include Wendy's, Taco Bell, Dunkin' Donuts, McDonald's, Starbucks, Au Bon Pain, Burger King, Chipotle, Cosi, Outback Steakhouse and Olive Garden.

Representing about 10 percent of the city's 23,000 restaurants, these outlets annually serve up to 400 million meals to New Yorkers, who ingest about one-third of their calories away from home, according to the health department.

Following New York's lead, similar statutes have been proposed or adopted in nearly two dozen states and municipalities, including San Francisco, Seattle and surrounding King County and Philadelphia.

The U.S. Department of Health and Human Services generally recommends a daily intake of about 2,000 calories for weight maintenance in the average adult. So, you might be surprised to learn that your McDonald's 32-ounce triple-thick chocolate shake weighs in at 1,160 calories and your crunchy Chili's Awesome Blossom batter-fried onion racks up 2,710 calories.

But would that deter anybody?

Greg Marino, 39, a nonprofit manager, had no problem with the new law. "I think if I see the information it might make me think twice about ordering something."

So, how many calories did he think were in a Big Mac? "Probably 800," he ventured.

Actually, the Big Mac is one of the less pernicious perpetrators of plumpness: 540 calories.

Ohio-based Wendy's has no objection to providing nutritional information on site about its products, which it already does on posters in its stores, according to Denny Lynch, senior vice president of communications. "Our complaint about this is the implementation of the regulation. It's very difficult to comply with the regulation when the food is made to order," he said. He also said it would cost about $2,000 per store to comply with the regulation; Wendy's has 49 outlets in the city.

Seattle-based Starbucks dealt with the customization issue by citing calories for basic products on its signage and directing customers to consult its Web site or in-store brochures regarding extra calories accrued through flavorings, whipped cream or other add-ons.

Meanwhile, some chains, like Wendy's, are delaying menu updates until they know the outcome of the restaurant association's federal appeal, which is scheduled to be heard on June 9. The association primarily argued that the regulation violated the First Amendment by compelling the restaurants to provide the information. If the appeal is denied, the city plans to begin levying fines on noncompliance as of July 18 for up to $2,000.

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