Position: SUPPORT UNIFORM STANDARD Status: FEDERAL AND STATE BILLS INTRODUCED

NFA opposes legislation or regulations that would require quick service and other chain restaurants to provide calories and/or other nutritional information on menus and menu boards. All of the legislation is similar in that it requires restaurants with a certain number of locations nationwide to post nutritional information - fat and calorie content - on menu boards in a font and typeface at least as large as that of the menu item. Though the number of locations varies in each proposal, Burger King would be included in all of them.

On March 10, 2009, Sen. Tom Carper (D-DE) and Sen. Lisa Murkowski (R-AK) introduced the Labeling Education and Nutrition (LEAN) Act of 2009, S. 558. Rep. Jim Matheson (D-UT) and Rep. Fred Upton (R-MI) introduced companion legislation in the House, H.R. 1398. The LEAN Act looks to expand current packaged food labeling law to require a uniform national nutrition labeling standard for chain foodservice establishments, while providing a reasonable range of flexibility for the restaurant. While the LEAN Act would require a uniform national nutrition standard, the law also would provide for a single set of guidelines in how nutrition information is calculated and will provide legal protection for those restaurants that abide by the law.

In 2009 three states have enacted menu labeling mandates, including Massachusetts, Maine, and Oregon. On July 1, 2009 California became the first state to require chain restaurants to provide nutritional information to consumers. According to the National Restaurant Association, without a national nutrition disclosure standard, restaurants could be hit with 30 or 40 different menu-labeling mandates - by state legislatures, municipalities, or regulatory agencies - over the next two years.