Order up: Nutritional facts now required for restaurant chains

An informed customer is often a happy one, a reality that restaurateurs can personally attest to, seeking to keep their guests clued into their work processes to deliver dishes that are every bit as nutritious as they are delicious. Ingredient listings and food facts help make this possible, which are not infrequently found on the menus themselves.

But these specifics are no longer an option, they're required, as menu-labeling laws have officially gone into effect after a series of delays and false starts.

As of May 7, restaurants are now required by law to include the nutritional facts that enumerate how many calories, fat, protein and carbohydrates found in their beverage and dishes. Enforced by the Federal Drug Administration, the regulation doesn't affect all dining establishments but primarily franchises, specifically those with at least 20 locations.

Cicely Simpson, executive vice president at the National Restaurant Association, said the new mandate helps eliminate guesswork for calorie-conscious Americans and compliance-focused managers.

"This is a welcome development for both the restaurant industry and consumers, and we are pleased that our efforts to preserve the May 7 compliance date were successful," Simpson said in a press release. "By setting a clear standard, this rule provides the necessary guidance and expectations for America's restaurants to follow in order to continue delivering a high-quality experience and customer service to everyone who walks through our doors, as well as the transparency our customers demand."

Nutritional facts nothing new for major chains
The menu-labeling law doesn't come as much of a change for franchises that have already peeled back the curtain on what their dishes deliver in terms of nutrition. McDonald's, Burger King, Subway and Panera Bread are just a few of the fast-food chains who've featured nutritional facts either on signage or menus. They're also frequently available online. However, with final guidance now established by the FDA, there are highly specific rules and regulations as to where these nutritional facts need to be featured and what qualifies as a menu.

Scott Gottlieb, FDA commissioner, stressed that officials want to make the compliance protocol as painless and problem-free as possible, thereby reducing operational expenses and service delays.

"We're also committed to helping industry in fulfilling this requirement in a way that is both effective and not overly burdensome," Gottlieb explained in a statement. "In order for these opportunities to be maximally beneficial to consumers, the new provisions also need to be minimally burdensome for businesses to effectively comply."

Gottlieb also referenced a study done by the RAND Corporation, which showed that when people know about the specifics of what they're eating, they tend to choose items that are healthier and use more wholesome ingredients.  Obesity in the U.S. has been declared an epidemic by the Centers for Disease Control and Prevention, citing excessive weight gain as a prime contributor to several chronic diseases such as hypertension, cardiovascular disease and diabetes.

Will sales surge or sag?
While the requirement will no doubt make it easier for consumer to know what they're putting into their bodies, there's some question as to whether the protocol will boost sales. Opinions tend to vary, with some indicating that ignorance is bliss for customers who like to indulge every once in a while, making them less likely to buy certain dishes. Others say that knowledge is power and their understanding will bear fruit – literally – both for restaurants and their suppliers.

"Our industry has an opportunity to help send the message to consumers that eating fresh vegetables can lead to better health," Mike O'Leary, vice president of sales and marketing at California-based Boskovice Farms, Inc., told The Packer. "As consumers continue to learn more about their diet, fresh vegetable suppliers will benefit."

Marketing and culinary director at D'Arrigo Bros. Claudia Pizarro-Villalobos agreed, saying the menu-labeling law will lead to different menu selections from customers, rather than nothing at all.

Although the nutrition facts mandate affects franchises, independent eateries may want to follow suit should the law expand. At Hudspeth Law Firm, compliance adherence is our bread and butter. We're business attorneys that dish small business legal advice, helping you establish better transparency that your customers will appreciate and passes the sniff test with regulators.

Make a reservation today and let us show you where to begin.

Categorised in: Business Law

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