Food labels & restaurants - EFR 6-33

The following fills in one more piece of the nutrition labeling picture that has come from the Nutrition Labeling and Education Act (NLEA) of 1990. While the procedures are not exact, it does look as if the Food and Drug Administration (FDA) has put some structure around nutrition information and claims that can be presented in restaurants. It is a "Talk Paper" from the FDA Press Office. These papers are produced "to guide FDA personnel in responding to questions from the public on subjects of current interest. Talk Papers are subject to change as more information becomes available." FDA Talk Paper T96-52 Dated 07/30/96 Judith Foulke 202-205-4144

The Food and Drug Administration today set standards for the claims that can be made in restaurant menus for the nutritional values of individual foods and meals to ensure that consumers get what they order.

This final rule will mean that if claims like "low fat" or "heart healthy" are made on a restaurant menu, the restaurant owner must be able to demonstrate that there is a reasonable basis for believing that the food qualifies to bear this claim.

The rule allows restaurants considerable flexibility in establishing this reasonable basis and in presenting the information to consumers.

This final rule affects only those restaurateurs who place claims such as "low fat" or "heart healthy" on their menus. These restaurateurs must be prepared to show officials that their menu claims are consistent with the claim definitions established under the Nutrition Labeling and Education Act of 1990 (NLEA).

Unlike processed foods, restaurant menu selections are not required to supply complete nutrition information. Also, unlike processed foods, menu items bearing a claim are not held to the same strict standards of laboratory analyses. Other more economical methods can be used to meet the standard. For example, a restaurant could show that an item was designed to meet the requirements for the claim because it was prepared using a recipe from a recognized health professional association or dietary group, or that the nutritional values for the dish were calculated using a reliable nutrition data base.

Furthermore, nutrition information can be provided to the consumer by any reasonable means. It does not have to be presented in the "Nutrition Facts" format seen on packaged food labels, nor does it have to appear on the menu. A restaurant, for example, may compile, in a notebook, information on the fat content of all menu items that bear fat claims so long as the nutrition information is available to consumers upon request.

FDA estimates that the rule's flexibility and its limited scope should minimize its economic impact on the restaurant industry. To further reduce the possible economic burden on restaurants, they will be given until May 1997 to come into compliance with the new regulation.

The new menu rules are identical to the standards that have been in effect since May 1994 for nutrient content claims on placards and signs in large and medium-sized restaurants, and since May 1995 for smaller restaurants.

In fact, restaurateurs seeking guidance for complying with new menu regulations can consult the sections of FDA's August 1995 guidance on food labeling that deal with claims on restaurant signs and placards. Copies of this document, "Food Labeling Questions and answers, Volume II -- A Guide for Restaurants and Other Retail Establishments" can be obtained through the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, (202) 512-1800.

The U.S. District Court of Washington, D.C. on June 28, 1996, ordered FDA to finalize regulations for restaurant menu labeling. The court issued its decision in response to a lawsuit filed by consumer groups seeking to include restaurant menus under the provisions of NLEA. The Court agreed with the plaintiff's argument that the NLEA specifically required that restaurants could only make nutritional and health claims that were consistent with FDA regulations.