More than two-thirds of adults in the U.S. are overweight or obese.  Approximately one-third of consumers’ total caloric intake comes from foods consumed outside the home in restaurants and other retail food businesses.  In order to provide consumers with easily accessible nutrition information, pursuant to the nutrition labeling provisions of the Patient Protection and Affordable Care Act of 2010, the Food and Drug Administration (FDA) now requires the disclosure of certain nutrition information for standard menu items in restaurants.

FDA is now requiring disclosure of certain nutrition information for standard menu items in restaurants and similar retail food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items.  These businesses will be required to provide calorie and other nutrition information for standard menu items, including food on display and self-service food.  This rule was originally to become effective on December 1, 2015, but the compliance date for the rule was extended to May 5, 2017.

To be covered by this rule, a business must satisfy several criteria.  Primarily, it must be a restaurant or similar retail food establishment.  Restaurants and similar retail food establishments include bakeries, cafeterias, coffee shops, food service facilities located within entertainment venues (such as amusement parks, bowling alleys, and movie theaters), food service vendors such as ice cream shops and mall cookie counters, food take-out and/or delivery establishments, such as pizza take-out and delivery businesses, quick service restaurants, and table service restaurants.

These new rules will require food service operators to revamp their menus, but presumably these changes will lead to healthier public.

For further information regarding this topic, please contact:

Jonathan M. Weis at:

jweis@lgattorneys.com or 312-368-0100.