Obamacare's calorie count rules go into effect

President Donald Trump has found one part of the federal health law palatable: He's allowing Obamacare rules that req...

Posted: May 7, 2018 12:46 PM
Updated: May 7, 2018 12:46 PM

President Donald Trump has found one part of the federal health law palatable: He's allowing Obamacare rules that require chain restaurants to post calorie counts to go into effect Monday.

The rules, which are among the final pieces of the 2010 Affordable Care Act to be implemented, require restaurants to list calories on all menus and menu boards. Restaurants will also have to provide on-site additional nutritional information, such as fat and sodium levels.

Obamacare rules that require chain restaurants to post calorie counts go into effect Monday

Movie theaters, pizza delivery companies and even vending machines must meet the new requirements

The law, intended to nudge Americans to eat healthier, applies to chains with at least 20 stores.

And it won't be just fast-food and sit-down restaurants that are affected. Grocers, convenience stores, movie theaters, pizza delivery companies and even vending machines must meet the new requirements to display calories.

The menu labeling rules will improve public health, the Food and Drug Administration Commissioner Scott Gottlieb said last week in an interview. He pointed to studies showing that enlightened customers order, on average, up to 50 fewer calories a day.

While that equates to the calories in a small cookie, Gottlieb says, the impact compounded over weeks and months can deliver a large benefit.

"This is a meaningful, incremental step in addressing" the country's obesity epidemic, he says.

Seeking to alleviate retailers' concerns, the FDA delayed implementing the rules several times to give the food industry time to comply after finalizing the menu-labeling rule in 2013.

The provisions are supported by consumer advocates and the National Restaurant Association, which wanted to avoid catering to a hodgepodge of requirements from cities and states.

But some food industry groups and retailers say they still don't have all the answers and worry the rules will place an undue burden on shop owners.

The National Association of Convenience Stores expressed reservations about how its members will comply.

"Convenience retailers will welcome any flexibility the FDA may be able to provide in order to comply with this onerous rule," says spokesman Jon Taets.

Conservatives in Congress also have repeatedly lashed out at the provisions, with the House passing a bill earlier this year that would modify them. The Senate has not acted on that legislation.

Even as the provisions go into effect, the FDA announced that over the course of the next year officials will seek to educate the industry about meeting the new rules, rather than enforcing them.

Many restaurant chains, including McDonald's, Burger King, Taco Bell and Panera Bread, have listed calorie information for years. But some, including Legal Sea Foods and the Melting Pot, have not yet added the information. Officials for the Melting Pot say they plan to have nutritional information posted by the end of the month. Legal Sea Foods did not return calls for comment.

"Americans deserve to know what they're getting when ordering for themselves and their families at chain restaurants, supermarkets and other food retailers," says Margo Wootan, vice president for nutrition for the Center for Science in the Public Interest, a consumer advocacy group. "Menu labeling isn't a silver bullet. It's just one of dozens of things we should be doing to help Americans maintain a healthy weight and reduce their risk of diet-related health problems like diabetes, heart disease and cancer."

But others see the issue differently.

Daren Bakst, a fellow with the conservative Heritage Foundation, says the law equates to government overreach.

"It's not up to the government to influence what people eat -- that should be left up to each individual," he says.

Bakst says he likes having nutritional information on foods he buys but opposes the government mandate for retailers.

"Plenty of restaurants will be hurt by compliance costs," he says.

Yet many restaurants say they are ready.

"This date is long overdue," says Cicely Simpson, an executive vice president at the National Restaurant Association. Most chains don't see the calorie information postings as hurting overall sales. Yet, she says, the information will lead some consumers to switch the foods they choose.

She says the FDA has been flexible with the industry, including efforts to clarify that promotional signs and flyers in stores are not the same as menus and don't have to include calorie information.

Domino's Pizza spokesman Tim McIntyre says his company has concerns about how its franchises will meet these requirements but is confident the changes won't increase prices for consumers.

The pizza delivery company hopes the FDA will allow it to meet the provisions by posting nutritional information on its website as it has done for years, rather than on menu boards, he says. The company says 90 percent of orders are placed by phone or internet, and with hundreds of pizza combinations and sizes it would be difficult to list nutritional info for each one on a menu.

McIntyre says the menu labeling rules were meant to give consumers calorie information at the point where they are ordering. For pizza delivery companies that is rarely inside the store, he noted.

"All we are asking for is common-sense approach to put this information where people are ... and we believe the internet is where people are going to go to get this information," he says. The FDA has put out thousands of pages of guidance to help restaurants and other food providers comply with the law, such as helping grocery stores decide where to put information on salad bars. Under FDA guidance, if pizza delivery stores don't have menu boards, they don't have to add any under the law.

Gottlieb says he frequently uses restaurant's calorie information on signs when ordering food. "I admittedly occasionally go to fast-food restaurants and take into consideration the calories," he says. "I used to go to McDonald's time to time to order an Egg McMuffin, but now I go for the Egg White Delight."

According to McDonald's, an Egg McMuffin is 300 calories while the Egg White Delight is 280 calories.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 512632

Reported Deaths: 10262
CountyCasesDeaths
Harrison34853555
DeSoto33162432
Hinds32556641
Jackson24830389
Rankin22442402
Lee16238242
Madison14874283
Jones14086247
Forrest13741259
Lauderdale12249324
Lowndes11286193
Lamar10644140
Pearl River9707244
Lafayette8827143
Hancock7835132
Washington7550169
Oktibbeha7204138
Monroe6989179
Pontotoc6970109
Warren6849178
Panola6746134
Neshoba6726210
Marshall6653141
Bolivar6440151
Union633897
Pike5924156
Alcorn5862107
Lincoln5525136
George510180
Prentiss500884
Tippah490282
Itawamba4829107
Scott477499
Adams4766125
Tate4748116
Leflore4723144
Copiah455895
Yazoo455591
Simpson4543117
Wayne442772
Covington432895
Sunflower4299106
Marion4265112
Coahoma4227109
Leake413790
Newton395581
Tishomingo381793
Grenada3775109
Stone365666
Jasper340166
Attala337790
Winston317792
Chickasaw313367
Clay311878
Clarke301195
Calhoun284449
Holmes271289
Smith268952
Yalobusha243747
Tallahatchie231453
Greene224749
Walthall221366
Lawrence217840
Perry213356
Amite209557
Webster205148
Noxubee188642
Montgomery181557
Carroll174441
Jefferson Davis173643
Tunica163239
Benton152639
Kemper144941
Choctaw136527
Claiborne134238
Humphreys131139
Franklin124929
Quitman107528
Wilkinson105939
Jefferson96834
Sharkey65121
Issaquena1957
Unassigned00

Alabama Coronavirus Cases

Cases: 844951

Reported Deaths: 16115
CountyCasesDeaths
Jefferson1161002006
Mobile741871379
Madison53279732
Shelby38325368
Baldwin38068589
Tuscaloosa36009641
Montgomery34482781
Lee25550263
Calhoun22585518
Morgan22451406
Etowah20013517
Marshall18777316
Houston17727425
St. Clair16875358
Limestone16135218
Cullman16044303
Elmore15904294
Lauderdale14968306
Talladega14189299
DeKalb12967269
Walker12020380
Blount10714192
Autauga10517157
Jackson10157194
Coffee9414192
Colbert9334208
Dale9018191
Tallapoosa7254201
Russell707765
Chilton7018170
Escambia6955143
Covington6932195
Franklin6340108
Chambers5783142
Marion5401130
Dallas5285209
Pike5118109
Clarke484986
Lawrence4826129
Winston4780110
Geneva4642136
Bibb434094
Barbour369480
Butler3434100
Marengo342393
Monroe337066
Randolph334367
Pickens333188
Fayette330085
Henry320666
Hale318189
Cherokee317563
Crenshaw260477
Washington256952
Cleburne254460
Lamar251253
Clay250869
Macon244764
Conecuh192762
Coosa184947
Lowndes178168
Wilcox177438
Bullock152645
Perry141840
Sumter139241
Greene130245
Choctaw93228
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