Pizza operators get their wish with FDA's final menu labeling regulations

After a nearly 5-year wait, the Food and Drug Administration released its final menu labeling regulations today. The regulations are part of the broader Affordable Care Act, initially passed in 2010.

Many of the rules were expected:

• Chain restaurants (with 20 or more units) will have to list calorie information on menus.
• No other information, however, is required (such as fat content).
• Big Box stores that serve food (such as Target and Costco) are included.
• The ruling does not apply to independent restaurants, bars, grocery stores, food trucks, ice cream trucks or airplane/transport meals.
• Seasonal and LTOs are exempt. 

Restaurant chains have one year to comply.

The nutritional information is required on menus, menu boards and drive-thru menu boards.

Welcome news for pizza operators

The pizza industry received an early Christmas present with the regulations – the FDA's 395-page document includes menu labeling by the slice, not the whole pie. Pizza restaurants do have to say how many slices are in a pizza. They can also list a range of calories to keep in mind for different toppings requested.

"That's a win for pizza owners everywhere," said Betsy Craig, CEO of MenuTrinfo LLC. "It looks like the FDA wants to make one of America's favorite past times, having a slice, continue without the nutritional nightmare of labeling beyond what is reasonable."

Pizza operators have been lobbying for this flexibility for years, either independently or through the Pizza Industry Council or American Pizza Council, groups of representatives that have advised lawmakers on their unique business models.

Craig noted that the pizza industry's fight, in particular, was necessary because of the item's variability.

"Owners have been concerned about not being misleading by not making people think they would eat the calories for an entire 18-inch pizza. Pizza being judge by oozes not inches will make all the difference in the world to restaurateurs and consumers alike," she said.

FDA Commissioner Dr. Margaret Hamburg told reporters that the menu labeling ruling was one of the most contentious the administration has ever had to weigh in on.

"We tried to be flexible and realistic as we put together these final rules," Hamburg said during a press conference.

The FDA said is received 1,100 "substantive" comments from restaurant operators, as well as grocery store operators and consumer groups. Hamburg said the regulations were "much more complicated" than anticipated.

NRA, others applaud the ruling

In a statement, the National Restaurant Association's President and CEO Dawn Sweeney said the FDA's ruling has "positively addressed the areas of greatest concern" about menu labeling requirements. 

"We look forward to working with the agency as the implementation period begins and toward helping the industry adjust to the new rules. We appreciate the diligence the FDA took in understanding the complexities of how this regulation will impact the restaurant industry, and the patrons of restaurants all across the country," she said.

Under the new federal menu labeling requirements, nutritional information is expected to be available at more than 200,000 restaurants throughout the country.

Although some state and city governments have long had menu labeling requirements in place, Sweeney and Hamburg both praised the consistency of having a national policy.

"We joined forces with more than 70 public health and stakeholder groups to advocate for a federal nutrition standard so that anyone dining out can have clear, easy-to-use nutrition information at the point of ordering – information that is presented in the same way, no matter what part of the country. From Portland, Oregon to Portland, Maine, diners in restaurants will have a new tool to help them make choices that are right for them," Sweeney said.

Dunkin' Donuts also welcomed the consistency, stating: "With one uniform national menu labeling law in effect, the administration has moved to eliminate the myriad of state and local regulations that have been confusing to the public, challenging and ultimately costly to large corporations and small franchise owners alike."

Restaurant chains have one year to comply. Many, including Dunkin' Donuts, are well underway. Those that aren't should be motivated by today's final ruling, Craig said.

The next step, she adds, is in engaging a company or individual to ensure the accuracy of the numbers displayed on their menu boards.

"Even with allowable variances it will still matter most to have nutritional information current, clear and accurate," she said.

Some more details

Some of the final regulations, as outlined by the FDA:

"Covered establishments will list calorie information for standard menu items on menus and menu boards and a succinct statement about suggested daily caloric intake.

"Other nutrient information — total calories, calories from fat, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, fiber, sugars, and protein — will have to be made available in writing on request."

Included:

• Meals from sit‐down restaurants
• Foods purchased at drive‐thru windows
• Take‐out food, such as pizza
• Foods, such as made‐to‐order sandwiches, ordered from a menu or menu board at a grocery store or delicatessen
• Foods you serve yourself from a salad or hot food bar
• Muffins at a bakery or coffee shop
• Popcorn purchased at a movie theater or amusement park
• A scoop of ice cream, milk shake or sundae from an ice cream store
• Hot dogs or frozen drinks prepared on site in a convenience or warehouse store
• Certain alcoholic beverages
• Vending machine operators with 20 or more machines are also required to label their products

To help consumers understand the significance of the calorie information in the context of a total daily diet, under the rule, menus and menu boards will include the statement:

"2,000 calories a day is used for general nutrition advice, but calorie needs vary."

"Americans eat and drink about one-third of their calories away from home and people today expect clear information about the products they consume," Hamburg said on the FDA website. "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."

^{Photo provided by Orange Julius.}