- Email: [email protected]
Food labeling for restaurants
control the use of ;cribing menu items. y be that they give
:gard to nutrition mrant menus is the tbeling and Educalve the FDA the "estaurants to subent or health o established a nplementation o f ruing food labeling :rition information )A established stannutrient and health te about food Lg food sold in infants are n o w ntiate any health ms that are made aent, including "Good Reading for Good r: The Magazine of the U.S. :ration, May 1993, p. 10.
Exhibit 1 Milestones in U.S. food labeling
menus. T h e supporting information must be publicly displayed in the restaurant. Nutrient or health claims do not need to be supported by scientific analysis, according to the regulations. 4 Methods that could be used to verify the nutrient content o f a food item or meal include nutrient data bases and cookbooks.A restaurateur may also use any other reasonable basis to substantiate that the food item or meal meets the claim. Notwithstanding those regulations, however, the FDA has also stated that recipes for which nutrient or health claims are made should be either developed or analyzed by medical or nutrition professionals rather than being based on cookbook analysis, s Moreover, the FDA has unofficially modified the regulations to aim at a level o f accuracy 4"OutgoingAdministrationExempts Menus from New LabelingLaw,"Restaurants USA, February 1993,p. 8. SAllen,p. 72.
1906 The Federal Food and Drugs Act and the Federal Meat Inspection Act authorized the federal government to regulate the safety and quality of food. The responsibility falls to the U.S. Department of Agriculture and its Bureau of Chemistry, FDA's predecessor. 1913 The Gould Amendment requires food packages to state the quantity of contents. 1924 In U.S.v. 95 Barrels AIleged Apple Cider Vinegar, the Supreme Court rules that the Food and Drugs Act condemns every statement, design, or device that may mislead, misdirect, or deceive, even if technically true. 1938 The Federal Food, Drug, and Cosmetic Act replaces the 1906 Food and Drugs Act. Among other things, it requires the label of every processed, packaged food to contain the name of the food, its net weight, and the name and address of the manufacturer or distributor. A list of ingredients is required on certain products. The law also prohibits statements in food labeling that are false or misleading. 1950 The Oleomargarine Act requires prominent labeling of colored oleomargarine to distinguish it from butter. 1957 The Poultry Products Inspection Act authorizes USDA to regulate, among other things, the labeling of poultry products. 1966 The Fair Packaging and Labeling Act requires all consumer products in interstate commerce to contain accurate information to facilitate value comparisons. 1959 The White House Conference on Food, Nutrition, and Health addresses deficiencies in the U.S. diet. It recommends that the federal government consider developing a system for identifying the nutritional qualities of food. 1973 FDA issues regulations requiring nutrition labeling on food containing one or more added nutrients or whose label or advertising includes claims about the food's nutritional properties or its usefulness in the daily diet. Nutrition labeling is voluntary for almost all other foods. 1975 Voluntary nutrition labeling, postponed from its originally planned 1974 date, goes into effect. 1984 FDA adds sodium to the list of required nutrients required in nutrition information, and potassium to the list of optional nutrients. Effective in 1985, the new regulation also defines terms, such as "low sodium," that may be used on labels to make sodium-content claims. 1988 Surgeon General C. Everett Koop releases The Surgeon General's Report on Nutrition and Health, the federal government's first formal recognition of the role of diet in certain chronic diseases. 1989 The National Research Council of the National Academy of Sciences issues Diet and Health: Implications for Reducing Chronic Disease Risk, which presents additional evidence of the growing acceptance of diet as a factor in the development of chronic diseases, such as coronary heart disease and cancer. Under contract with FDA and USDA's Food Safety and Inspection Service (FSlS), the Food and Nutrition Board of the National Academy of Sciences convenes a committee to consider how food labels could be improved to help consumers adopt or adhere to healthy diets. Its recommendations are presented in Nutrition Labeling: Issues and Directions for lotice of proposed rule-making on food labeling and, with es of four public hearings around the country. d-labeling changes, which include mandatory nutrition rdized serving sizes, and uniform use of health claims. !ducation Act (NLEA) reaffirms the legal basis for FDA's es an explicit timetable. aposals to implement NLEA. In addition, the agency issues tary point-of-purchase nutrition information program for raw fish. FSlS unveils its proposals for mandatory nutrition abeling of processed meat and poultry and voluntary pointof-purchase nutrition information for raw meat and poultry. 1992 FDA's voluntary point-of-purchase nutrition infor mation program for fresh produce and raw fish goes into effect. 1993 FDA issues the final regulations implementing NLEA. Regulations covering health claims become effective May 8, 1993. Those pertaining to nutrition labeling and nutrient content claims are effective May 8, 1994. FSIS issues regulations for nutrition labeling of meat and poultry, effective July 6, 1994.
June 1995 ,, 83
Exhibit 2 Health claims and the FDA's specific associated requirements Nutrient and FoodDisease Link
Typical Foods
Calcium and osteoporosis: Low calcium
Sodium and hypertension (high blood intake is one risk factor pressure): for osteoporosis, a condition of lowered bone mass or density. Lifelong adequate calcium intake helps maintain bone health by increasing as much as genetically possible the amount of bone formed in the teens and early adult life and by helping to slow the rate of bone loss that occurs later in life.
Hypertension is a risk factor for coronary heart disease and stroke deaths. The most common source of sodium is table salt. Diets low in sodium may help lower blood pressure and related risks in many people. Guidelines recommend daily sodium intakes of not more than 2,400 mg. Typical U.S. intakes are 3,000 to 6,000 mg.
Low-fat and skim milks, yogurts, tofu, calcium-fortified citrus drinks, and some calcium supplements.
Unsalted tuna, salmon, fruits and vegetables, and low-fat milks, lowfat yogurts, cottage cheeses, sherbets, ice milk, cereal, flour, and pastas (not egg pastas).
Requirements
Food or supplement must be high in calcium and must not contain more phosphorus than calcium. Claims must cite risk factors; state the need for exercise and a healthful diet; explain that adequate calcium early in life helps reduce fracture risk later by increasing.., peak bone mass; and indicate that those at greatest risk...later in life are white and Asian teenage and young adult women .... [P]roducts with more than 400 mg of calcium...must state that a daily intake over 2,000 mg offers no added known benefit to bone health.
Sample Claim
"Regular exercise and a healthy diet with enough calcium helps teenage and young adult women maintain good bone health and may reduce their risk of osteoporosis later in life."
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Foods must meet criteria for "low sodium." Claims must use "sodium" and "high blood pressure" in discussing nutrient-disease link.
"Diets low in sodium may reduce the risk of high blood pressure, a disease associated with many factors."
CBRNELL HOTELAND RESTAURANTADMINISTRATION QUARTERLY
Dietary fat and cancer: Diets high in fat
Dietary saturated fat and cholesterol and coronary heart disease: Diets high in
Fiber-containing grain products, fruits, and vegetables and cancer: Diets low
saturated fat and cholesterol increase total and low-density (bad) blood cholesterol levels and, thus, the risk of coronary heart disease .... Guidelines recommend that diets contain less than 10 percent of calories from saturated fat and less than 300 mg cholesterol daily. The average American adult's diet has 13percent saturated fat and 300 to 400 mg cholesterol a day.
in fat and rich in fibercontaining grain products, fruits, and vegetables may reduce the risk of some types of cancer. The exact role of total dietary fiber, fiber components, and other nutrients and substances in these foods is not fully understood.
Fruits, vegetables, reduced-fat milk products, cereals, pastas, flours, and sherbets.
Fruits, vegetables, skim and low-fat milks, cereals, whole-grain products, and egg-free pastas.
Whole-grain breads and cereals, fruits, and vegetables.
Foods must meet criteria for "low fat." Fish and game meats must meet criteria for "extra lean." Claims may not mention specific types of fats and must use "total fat" or "fat" and "some types of cancer" or "some cancers" in discussing the nutrient-disease link.
Foods must meet criteria for "low saturated fat," "low cholesterol," and "low fat." Fish and game meats must meet criteria for "extra lean." Claims must use "saturated fat and cholesterol" and "coronary heart disease" or "heart disease" in discussing the nutrient-disease link.
Foods must meet criteria for "low fat," and, without fortification, be a "good source" of dietary fiber. Claims must not specify types of fiber and must use "fiber," "dietary fiber," or "total dietary fiber" and "some types of cancer" or "some cancers" in discussing the nutrient-disease link.
"Development of cancer depends on many factors. A diet low in total fat may reduce the risk of some cancers."
"While many factors affect heart disease, diets low in saturated fat and cholesterol may reduce the risk of this disease."
"Low-fat diets rich in fiber-containing grain products, fruits, and vegetables may reduce the risk of some types of cancer, a disease associated with many factors."
increase the risk of some types of cancer, such as cancers of the breast, colon and prostate. While scientists don't know how total fat intake affects cancer development, low-fat diets reduce the risk. Experts recommend that Americans consume 30 percent or less of daily calories as fat. Typical U.S. intakes are 37 percent.
Fruits, vegetables, and grain products that contain fiber, particularly soluble fiber, and risk of coronary heart disease: Diets low in saturated fat and cholesterol and rich in fruits, vegetables, and grain products that contain fiber, particularly soluble fiber, may reduce the risk of coronary heart disease. (It is impossible to distinguish the effects of fiber, including soluble fiber, from those of other food components.)
Fruits and vegetables and cancer: DJets low in fat and rich in fruits and vegetables may reduce the risk of some cancers. Fruits and vegetables are low-fat foods and may contain fiber or vitamin A (as beta-carotene) and vitamin C. (The effects of these vitamins cannot be adequately distinguished from those of other fruit or vegetable components.)
Fruits, vegetables, and whole-grain breads and cereals.
Fruits and vegetables.
Foods must meet criteria for "low saturated fat," "low fat," and "low cholesterol." They must contain, without fortification, at least 0.6 g of soluble fiber per reference amount, and the soluble fiber content must be listed. Claims must use "fiber," "dietary fiber," "some types of dietary fiber," "some dietary fibers," or "some fibers" and "coronary heart disease" or "heart disease" in discussing the nutrientdisease link. The term "soluble fiber" may be added.
Foods must meet criteria for "low fat" and, without fortification, be a "good source" of fiber, vitamin A, or vitamin C. Claims must characterize fruits and vegetables as foods that are low in fat and may contain dietary fiber, vitamin A, or vitamin C; characterize the food itself as a "good source" of one or more of these nutrients, which must be listed; refrain from specifying types of fatty acids; and use "total fat" or "fat," "some types of cancer" or "some cancers," and "fiber," "dietary fiber," or "total dietary fiber" in discussing the nutrient-disease link.
"Diets low in saturated fat and cholesterol and rich in fruits, vegetables, and grain products that contain... dietary fiber, particularly soluble fiber, may reduce the risk of heart disease...."
"...diets rich in fruits and vegetables (foods that are low in fat and may contain dietary fiber, vitamin A, or vitamin C) may reduce the risk of...cancer .... Broccoli is high in vitamins A and C, and ...dietary fiber."
that exceeds the legislative guidelines. Nutrition information need not be listed on the label (or menu description) of each food item w h e n nutrient or health claims involve a combination of restaurant foods (e.g., a complete meal), but the regulations do require that such information be provided in a location that is visible w h e n the customer is ordering or consuming the food products. 6
The Role of AdvocacyGroups Two advocacy groups, the Center for Science in the Public Interest (CSPI) and Public Citizens (PC), have publicly pressed government regulators to force restaurants to provide the same nutrition information as is now required on packaged foods] These organizations gain their influence by conducting nutritional analyses on restaurant foods and announcing the results publicly to pressure restaurant companies to label their food products. CSPI's publicity on the nutrition content of Mexican-style food was based on a study o f only 19 restaurants.Yet the study's results were.judged uncritically and made national news. 8 Pressure groups used legal action to push the FDA into requiring that restaurants meet the same guidelines as package-food makers when making nutrient and health claims for their food products. 9 The FDA essentially supported the CSPI and PC legal positions by stating that "the exemption (for restaurants) was illogical." By not taking action against the lawsuit, the FDA essentially rewrote the legislation that was passed by Congress. 10 6FederalRegistry,"NutritionLabelingof Restaurant Foods,"No. 101.10. 7Allen,p. 72 8PatDiDomenico,"HolyFrijole!CSPITakes a Swingat MexicanRestaurants,"Restaurants USA, Vol. 14, No. 8 (September 1994),p. 11. 9Allen,p. 72. ~°Allen,p. 72.
Consumer desires. Although the CSPI may overstate its case, the center's concerns are based on a legitimate consumer desire for more thorough information about food offered for sale. The health-conscious restaurant consumer is important to restaurant operators. Over one-third o f restaurant customers reported that they are concerned with the nutritional value o f foods. ~ Many more restaurant chains are serving healthful menu items as time goes on. For example, the move by quick-service restaurants into offering salads and other low-fat items was a response to consumers' stated concerns. Several restaurant chains are specializing in salads and other nutrition items while other restaurants are modifying their menu items upon request to reduce the caloric and fat content. 12 Nevertheless, menu items that are based solely on nutrition concerns or that emphasize nutrition over taste have rarely been successful.
Specific Requirements Restaurants are n o w required to support any nutrient or health claims made on menus, signs, placards or advertisements, whether explicit or implicitJ 3 Explicit health claims must n o w meet specific requirements that have been established by the FDA, as delineated in Exhibit 2. The FDA has also specified the wording o f specific claims. While one might once have mentioned soluble or insoluble fiber, for example, a claim can no longer mention the type o f fiber. Instead, claims regarding fiber are limited to the terms "fiber," "dietary fiber," or l~DiDomenico,p. 12. 12PatDiDomenico,"CSPIAdvocacyGroup Skewers ChineseFood:AreYou Next?" Restaurant USA, Vol. 13, No. 11 (December 1993), p. 10. ~3Allen,p. 1.
June 1995 • 65
Exhibit 3
Government-approved nutrition claims Here are examples of the meanings of some descriptive words for specific nutrients:
Sugar Sugar free: less than 0.5 grams (g) per serving No added sugar, Without added sugar, No sugar added: • No sugars added during processing or packing, including ingredients that contain sugars (for example, fruit juices, applesauce, or dried fruit). • Processing does not increase the sugar content above the amount naturally present in the ingredients. (A functionally insignificant increase in sugars is acceptable from processes used for purposes other than increasing sugar content.) • The food that it resembles and for which it substitutes normally contains added sugars. • If the food doesn't meet the requirements for a low- or reduced-calorie food, the product bears a statement that the food is not low-calorie or calorie-reduced and directs consumers' attention to the nutrition panel for further information on sugars and calorie content. Reduced sugar: at least 25 percent less sugar per serving than reference food
Calories Calorie free: fewer than 5 calories per serving Low calorie: 40 calories or less per serving andif the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Reduced or Fewer calories: at least 25 percent fewer calories per serving than reference food
Fat Fat free: less than 0.5 g of fat per serving Saturated-fat free: less than 0.5 g per serving and the level of trans fatty acids does not exceed 1 percent of total fat Low fat: 3 g or less per serving, and if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Low saturated fat: 1 g or less per serving and not more than 15 percent of calories from saturated fatty acids Reduced or Less fat: at least 25 percent less per serving than reference food Reduced or Less saturated fat: at least 25 percent less per serving than reference food
Cholesterol Cholesterol free: less than 2 milligrams (mg) of cholesterol and 2 g or less of saturated fat per serving Low cholesterol: 20 mg or less and 2 g or less of saturated fat per serving and, if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Reduced or Less cholesterol: at least 25 percent less and 2 g or less of saturated fat per serving than reference food
Sodium Sodium free: less than 5 mg per serving L o w s o d i u m : 140 mg or less per serving and, if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Very low sodium: 35 mg or less per serving and, if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Reduced or Less sodium: at least 25 percent less per serving than reference food
Fiber High fiber: 5 g or more per serving. (Foods making high-fiber claims must meet the definition for low fat, or the level of total fat must appear next to the high-fiber claim.) Good source of fiber: 2.5 g to 4.9 g per serving More or Added fiber: at least 2.5 g more per serving than reference food
""
CBI~NE[IHOTELAND RESTAURANTADMINISTRATIONQUARTERLY
"total dietary fiber,m4 The requirements are rigid. Moreover, as I'll explain further in a moment, they are based on serving sizes established for packaged foods, rather than on actual servings in a restaurant. The basic rule for making a health claim for a restaurant item is stated as follows: The nutrient or food substance must be related to a disease or health condition for which most people or a specific group of people, such as the elderly, are at risk. Second, for a claim to be valid, the rules require significant agreement among qualified experts that the claim is supported by the totality of publicly available scientific evidence. This evidence must include data from well-designed studies conducted with recognized scientific procedures and principles. ~s
H u m p t y D u m p t y rule. Meanings of words have also been defined by the FDA. Restaurant operators cannot use their own or dictionary definitions for terms like "reduced," "low," "light," and "very low" w h e n referring to the nutritional value o f food. Instead restaurants are required to follow the meanings that the FDA has established for these words (see Exhibit 3). ~6 For example, the words "reduced fat" must be associated with menu items that have 25-percent-less fat than comparable menu items. O n the other hand, the word "light" must refer to menu items that have 50-percentless fat than comparable menu items. Attempting to meet these federal mandates can become very frustrating and confusing to operators who are attempting to provide information to their consumer. Restaurant operators are restricted from stating that an item is made with no tropical oils unless the oil that they are currently using is low in saturated fat. At the same ~4Willis, p. 27. l~Willis, p. 23. ~6Willis, p. 23.
Exhibit 4
Nutrient variations due to portion size Fat
Calories (Kcal)
Item American cheese, processed Macaroni and cheese Lasagna (with meat) Butter Cream cheese T-Bone steak
Serving Size 1.0 oz. 1.5 oz. 3/4 cup 1 cup 6 oz. 8 oz. 1Tbs. 2Tbs. 1 oz. 1.5 oz. 3.5 oz. 5.0 oz.
time, the FDA has declared that identifying the oil that is being used implies that the oil is low in saturated fat. Therefore, one can only list the oil if it is, in fact, low in saturated fat. (The FDA is expected to introduce additional labeling rules that will affect the restaurant industry. According to the FDA, these rulings were due out in late December of 1994. At time of this writing, the new rules were not released.)
The Portion-SizeProblem The chief difficulty for restaurateurs with implementing the FDA regulations is that the labeling guidelines were originally established for packaged foods sold in grocery stores and elsewhere. 17 For over a decade the FDA and food-processing companies examined the different meanings of nutrient and health claims and serving sizes. They debated the costs of implementing the regulations for packaged food and of developing consumer awareness of the nutrient and health information on food packages. 17Willis, p. 10.
Kcal 106 159 255 319 256 340 108 216 98 147 324 463
Change in Kcal 53 64 84 108 49 139
Fat (g) 8.9 13.4 7.5 9.4 11.4 15.2 12.2 24.4 9.5 14.3 24.6 35.2
Cholesterol
Change in fat (g) 4.5 1.9 3.8 12.2 4.8 10.6
Chol(mg) 27.0 40.5 18.0 22.5 35.0 46.6 121.0 242.0 28.0 42.0 84.0 120.1
Change in chol (mg) 13.5 4.5 11.6 121.0 14.0 36.1
The restaurant industry faces difficulties in implementing a set of guidelines that was established for food-processing companies. The issue of serving size provides an example. Most of the nutrition guidelines are based on a serving size for meat of 3.5 ounces. Depending on a restaurant's competitive position, however, it may be impractical and unreasonable to insist that a restaurant serve exactly a 3.5-ounce steak or 3.5-ounce portion of chicken. Consequently, many of the FDA regulations are difficult for a restaurant to follow, because the requirements are based on standard sizes for packaged food./8 Another example is the requirement for "low fat," which is "three grams or less of fat" per serving. A packaged food item can meet that standard by designating a package as containing, say, three servings. In contrast, it would be ludicrous for a restaurant that depends on large portion sizes for its competitive advantage to label an entr6e as being "three servings," even though a similar amount of packaged food might, indeed, be so labeled. In18Allen, p. 72.
June 1995 • 67
Exhibit 5 Quick-service nutrient chart
Bun and Burger,
Enriched wheat flour, water, sugar (sucrose or high fructose corn syrup), sesame seeds, shortening (animal and/or vegetable), salt, wheat gluten, yeast, yeast food (calcium sulfate, potassium iodate, potassium bromate, and/or ammonium sulfate), dough softeners (mono- and diglycerides, protease enzyme), dough conditioners (sodium and/or calcium stearoyllactylate), mold inhibitor (calcium propionate), whiteners (calcium peroxide, azodicarbonamide), preservative (potassium sorbate), leavening agent (monocalcium phosphate).
Bun and Chicken
100 percent USDA inspected ground beef (broiled) USDA inspected chicken, marinade (water, salt, sodium phosphate, monosodium glutamate, modified food starch), batter and breading (bleached wheat flour, salt, spices, partially hydrogenated vegetable oil, whey, monosodium glutamate, yeast, sweet peppers, onion, garlic, dextrose, leavening (monocalcium phosphate, sodium acid pyrophosphate, sodium bicarbonate), corn starch, oat flour, natural flavoring). Prepared in 100 percent vegetable oil.
Drinks
Breakfast
Salad
Vanilla Shake: Partially skimmed milk (milk and skim milk), sugar, corn sweeteners, sweet whey, artificial vanilla flavor, guar gum, mono- and diglycerides, cellulose gum, carrageenan, potassium phosphate, sodium citrate, sodium carbonate, and artificial color (annatto). ® Diet Coke : Carbonated water, caramel color, phosphoric acid, sodium saccharin, potassium benzoate (preservative), natural flavors, citric acid, caffeine, potassium citrate, aspartame, dimethypolysiloxane. French Toast Sticks: Bread: Wheat flour, water, corn syrup, yeast, contains 2 percent or less of each of the following: partially hydrogenated soybean oil, wheat gluten, salt, corn flour, dough conditioners (may contain one or more of the following: mono- and diglycerides, ethoxylated mono- and diglycerides, calcium and sodium stearoyllactylates, calcium peroxide), yeast nutrients (monocalcium phosphate, calcium sulfate, ammonium sulfate), corn starch, malted barley flour, calcium propionate added to retard spoilage, tumeric and paprika extracts, niacin, iron, thiamine mononitrate (vitamin B 1), riboflavin (vitamin B2). Batter and Breading: water, bleached wheat flour (enriched with niacin, iron, thiamine mononitrate, riboflavin), wheat flour, sugar, yellow corn flour, soy flour, contains 2 percent or less of the following: dextrose, modified corn starch, salt, lecithin, gum arabic, leavening (monocalcium phosphate, sodium bicarbonate), yeast, glycerine, natural and artificial flavor, polysorbate 80, carrageenan. Fried in partially hydrogenated soybean oil. All salad produce is US Grade #1.
deed, the portions of many menu items sold in restaurants probably would not meet the "three grams or less" requirement for a serving. 19 With this kind of regulation, the determination of what is a "serving" is no longer left to the marketplace. Another complication for restaurants is that portion sizes are usually smaller for lunch than for dinner. As a consequence, one set of nutrition claims could possibly be made for the lunch menu and another set (or none at all) for the dinner menu. 19Allen, p. 72.
68
I~NELI HOTELANDRESTAURANTADMINISTRATIONQUARTERLY
Such a disparity could create great complications in a restaurant's advertisements. In this case, one would have to specify the time of day for nutrient and health claims and set limitations on the claims, all the while adhering to the FDA's word requirements. Food-processing companies have the advantage of using machines that will portion an exact amount of food into containers for sale to the public. Despite a long history o f portion control in some segments, the restaurant industry is mostly at a disadvantage in determining guests' portions because employees and
F O C U S
ON
F O O D
S E R V I C E
Exhibit 6 Nutrition-information chart Drinks
Sandwiches and Side Orders Butterfly Cheeseburger Shrimp
Serving Size (g) Calories Calories from fat Protein (g) Carbohydrates (g) Total fat (g) Saturated fatty acids (g) Cholesterol (mg) Sodium (rag) USRDA percentages of daily values** Protein Calcium Iron Vitamin A Vitamin C
142 380 170 19 28 19 9 65 780
116 300 153 15 21 17 5 105 610
23 15 15 6 0
25 15 6 0 4
Garden Salad
223 95 45
Dinner Roll
25 80 18
Breakfast
Baked Potato
Dutch Apple Pie
Orange Juice
Coffee
200 210 0
113 308 135
183 82 0
244 2 0
6
3
5
3
1
0
8 5 3 15 125
13 2 0
48 0 0
39 15 3
20
0
0
0
0
0
0
140
15
228
0 0 2
0 0 122
4 1
8 2
4 *
* *
30
5 * *
15 0 50
6 * 8
3 119
10 4
9
15 6 100 58
FrenchToast Sticks
141 440 243 4 60 27 7 0 490
13
6 6
15
*Negligible or too small to calculate.
**Percentages of daily values are calculated based on a 2,000-calorie daily intake.
guests ultimately determine portions of most food items. Furthermore, w h e n a restaurant allows menu substitutions, as most do, its nutrition analysis is compromised. The unstandard standard. The FDA uses the quick-service segment as an example of h o w the foodservice industry could adopt labeling requirements. The agency's rationale is that quick-service restaurants have standardized menus, but the reality is that even seemingly identical menu items vary considerably from store to store within the same chain. One well-known quick-service chain, a leader in providing nutrition information, publishes nearly a paragraph-long disclaimer to discuss the variability of menu items at its stores.The disclaimer states:
culture and our suppliers. Although these data are based upon standard product formulations, variation can be expected due to sampling differences, seasonal influences, normal manufacturing tolerances, slight differences in product assembly on a restaurant-by-restaurant basis and other factors. To ensure freshness of our buns, shakes, and produce, Burger King restaurants purchase these products locally from numerous vendors, thereby introducing factors of variability, such as the need for optional ingredients in buns3 °
The nutrition information provided in this booklet is a summary of analytical data from the Pillsbury Company, Hazelton Laboratories, Inc., Silliker Laboratories, and ABC Research Corporation, combined with representative values from the United States Department of Agri-
In other words, the minute a restaurant owner says, "have it your way," the entire nutrition analysis changes. Despite the current regulation that allows the use o f a cookbook or database for determining menu items' nutrient values, quick-service chains are using testing laboratories to ensure that their claims are valid and accurate. That practice should stand as a warning to other restaurants that if they are using less2°Your Guide to Nutrition at Burger Kin2 (Miami, FL: Burger King Corporation, 1994), p. 1.
June1995 • 69
scientific means to support their nutrient and health claims, they should at m i n i m u m expand their '" ' " " 1selves isclaimer value of 25 to portion makes .'gal coun)fmaking ; for menu w varia.~ration can itrifion for a motenting the federal guidelines include reprinting restaurant menus and advertising materials solely for the purpose of meeting the FDA guidelines. One estimate places those costs alone at above $500 million throughout the United States. at If the FDA does require that all restaurants conduct laboratory nutrient analyses on their menu items or if a restaurant desires to make a health or nutrient claim that is extremely precise, the average cost of analysis is approximately $500 per menu item, according to one chain that checked with three different laboratories capable of conducting food analysis.22 Considering the expense and potential for liability, the result of these new guidelines will be that many operators w h o are currently providing some form of nutrient and health information will remove any claims or helpful information (e.g., the little hearts found on many menus). Instead of the general public's becoming more informed by these regulations, many consumers will be even more in the dark due to restaurateurs' fear of not being in full compliance with FDA regulations. 23
l~l[I
A concern for every restaurateur is that these guidelines for making nutrient and health claims are only the beginning. Edward Scarbrough, from the FDA's Office of Food Labeling, stated that "Food labeling is a subject we'll continue to revisit for many years to come."24The National Restaurant Association has pleaded with the FDA to discuss the challenges that a restaurant must face compared to a food-processing company. 2s So far, the FDA is implementing the same nutrient and health requirements for menu items in restaurants as on packaged foods. The FDA is currently seeking regulations that will require restaurants to provide nutrient information and list ingredients for all menu items. A spokesperson for the FDA, w h o requested anonymity, stated that the guidelines for restaurants will be similar to those that are now required for food-processing companies. Exhibits 5 and 6 show examples of the type of nutrient information and ingredient listing that restaurants might be required to provide their customers. The menu items shown in the exhibits are from a nutritioninformation chart from a quickservice restaurant. 26The implementation of these guidelines could cost restaurants billions o f dollars. In summary, restaurateurs should be careful to provide accurate information concerning their menu items. Restaurant operators w h o would like to deflect some of the FDA's rule making should bear in mind that the FDA is composed of scientists and governmental regulators w h o are not familiar with the food-service industry. Any lobbying effort should be based on educating the regulators in the realities of the restaurant business. CQ
22your Guide to Nutrition at Burger King, p. 2.
24Willis, p. 19. 2SAllen, p. 72.
23Allen, p. 72.
26Your Guide to Nutrition at Burger King, p. 2.
~lAllen, p. 72.
70
Future Labeling Requirements
HOTELANDRESTAURANTADMINISTRATIONQUARTERLY
:gard to nutrition mrant menus is the tbeling and Educalve the FDA the "estaurants to subent or health o established a nplementation o f ruing food labeling :rition information )A established stannutrient and health te about food Lg food sold in infants are n o w ntiate any health ms that are made aent, including "Good Reading for Good r: The Magazine of the U.S. :ration, May 1993, p. 10.
Exhibit 1 Milestones in U.S. food labeling
menus. T h e supporting information must be publicly displayed in the restaurant. Nutrient or health claims do not need to be supported by scientific analysis, according to the regulations. 4 Methods that could be used to verify the nutrient content o f a food item or meal include nutrient data bases and cookbooks.A restaurateur may also use any other reasonable basis to substantiate that the food item or meal meets the claim. Notwithstanding those regulations, however, the FDA has also stated that recipes for which nutrient or health claims are made should be either developed or analyzed by medical or nutrition professionals rather than being based on cookbook analysis, s Moreover, the FDA has unofficially modified the regulations to aim at a level o f accuracy 4"OutgoingAdministrationExempts Menus from New LabelingLaw,"Restaurants USA, February 1993,p. 8. SAllen,p. 72.
1906 The Federal Food and Drugs Act and the Federal Meat Inspection Act authorized the federal government to regulate the safety and quality of food. The responsibility falls to the U.S. Department of Agriculture and its Bureau of Chemistry, FDA's predecessor. 1913 The Gould Amendment requires food packages to state the quantity of contents. 1924 In U.S.v. 95 Barrels AIleged Apple Cider Vinegar, the Supreme Court rules that the Food and Drugs Act condemns every statement, design, or device that may mislead, misdirect, or deceive, even if technically true. 1938 The Federal Food, Drug, and Cosmetic Act replaces the 1906 Food and Drugs Act. Among other things, it requires the label of every processed, packaged food to contain the name of the food, its net weight, and the name and address of the manufacturer or distributor. A list of ingredients is required on certain products. The law also prohibits statements in food labeling that are false or misleading. 1950 The Oleomargarine Act requires prominent labeling of colored oleomargarine to distinguish it from butter. 1957 The Poultry Products Inspection Act authorizes USDA to regulate, among other things, the labeling of poultry products. 1966 The Fair Packaging and Labeling Act requires all consumer products in interstate commerce to contain accurate information to facilitate value comparisons. 1959 The White House Conference on Food, Nutrition, and Health addresses deficiencies in the U.S. diet. It recommends that the federal government consider developing a system for identifying the nutritional qualities of food. 1973 FDA issues regulations requiring nutrition labeling on food containing one or more added nutrients or whose label or advertising includes claims about the food's nutritional properties or its usefulness in the daily diet. Nutrition labeling is voluntary for almost all other foods. 1975 Voluntary nutrition labeling, postponed from its originally planned 1974 date, goes into effect. 1984 FDA adds sodium to the list of required nutrients required in nutrition information, and potassium to the list of optional nutrients. Effective in 1985, the new regulation also defines terms, such as "low sodium," that may be used on labels to make sodium-content claims. 1988 Surgeon General C. Everett Koop releases The Surgeon General's Report on Nutrition and Health, the federal government's first formal recognition of the role of diet in certain chronic diseases. 1989 The National Research Council of the National Academy of Sciences issues Diet and Health: Implications for Reducing Chronic Disease Risk, which presents additional evidence of the growing acceptance of diet as a factor in the development of chronic diseases, such as coronary heart disease and cancer. Under contract with FDA and USDA's Food Safety and Inspection Service (FSlS), the Food and Nutrition Board of the National Academy of Sciences convenes a committee to consider how food labels could be improved to help consumers adopt or adhere to healthy diets. Its recommendations are presented in Nutrition Labeling: Issues and Directions for lotice of proposed rule-making on food labeling and, with es of four public hearings around the country. d-labeling changes, which include mandatory nutrition rdized serving sizes, and uniform use of health claims. !ducation Act (NLEA) reaffirms the legal basis for FDA's es an explicit timetable. aposals to implement NLEA. In addition, the agency issues tary point-of-purchase nutrition information program for raw fish. FSlS unveils its proposals for mandatory nutrition abeling of processed meat and poultry and voluntary pointof-purchase nutrition information for raw meat and poultry. 1992 FDA's voluntary point-of-purchase nutrition infor mation program for fresh produce and raw fish goes into effect. 1993 FDA issues the final regulations implementing NLEA. Regulations covering health claims become effective May 8, 1993. Those pertaining to nutrition labeling and nutrient content claims are effective May 8, 1994. FSIS issues regulations for nutrition labeling of meat and poultry, effective July 6, 1994.
June 1995 ,, 83
Exhibit 2 Health claims and the FDA's specific associated requirements Nutrient and FoodDisease Link
Typical Foods
Calcium and osteoporosis: Low calcium
Sodium and hypertension (high blood intake is one risk factor pressure): for osteoporosis, a condition of lowered bone mass or density. Lifelong adequate calcium intake helps maintain bone health by increasing as much as genetically possible the amount of bone formed in the teens and early adult life and by helping to slow the rate of bone loss that occurs later in life.
Hypertension is a risk factor for coronary heart disease and stroke deaths. The most common source of sodium is table salt. Diets low in sodium may help lower blood pressure and related risks in many people. Guidelines recommend daily sodium intakes of not more than 2,400 mg. Typical U.S. intakes are 3,000 to 6,000 mg.
Low-fat and skim milks, yogurts, tofu, calcium-fortified citrus drinks, and some calcium supplements.
Unsalted tuna, salmon, fruits and vegetables, and low-fat milks, lowfat yogurts, cottage cheeses, sherbets, ice milk, cereal, flour, and pastas (not egg pastas).
Requirements
Food or supplement must be high in calcium and must not contain more phosphorus than calcium. Claims must cite risk factors; state the need for exercise and a healthful diet; explain that adequate calcium early in life helps reduce fracture risk later by increasing.., peak bone mass; and indicate that those at greatest risk...later in life are white and Asian teenage and young adult women .... [P]roducts with more than 400 mg of calcium...must state that a daily intake over 2,000 mg offers no added known benefit to bone health.
Sample Claim
"Regular exercise and a healthy diet with enough calcium helps teenage and young adult women maintain good bone health and may reduce their risk of osteoporosis later in life."
64
Foods must meet criteria for "low sodium." Claims must use "sodium" and "high blood pressure" in discussing nutrient-disease link.
"Diets low in sodium may reduce the risk of high blood pressure, a disease associated with many factors."
CBRNELL HOTELAND RESTAURANTADMINISTRATION QUARTERLY
Dietary fat and cancer: Diets high in fat
Dietary saturated fat and cholesterol and coronary heart disease: Diets high in
Fiber-containing grain products, fruits, and vegetables and cancer: Diets low
saturated fat and cholesterol increase total and low-density (bad) blood cholesterol levels and, thus, the risk of coronary heart disease .... Guidelines recommend that diets contain less than 10 percent of calories from saturated fat and less than 300 mg cholesterol daily. The average American adult's diet has 13percent saturated fat and 300 to 400 mg cholesterol a day.
in fat and rich in fibercontaining grain products, fruits, and vegetables may reduce the risk of some types of cancer. The exact role of total dietary fiber, fiber components, and other nutrients and substances in these foods is not fully understood.
Fruits, vegetables, reduced-fat milk products, cereals, pastas, flours, and sherbets.
Fruits, vegetables, skim and low-fat milks, cereals, whole-grain products, and egg-free pastas.
Whole-grain breads and cereals, fruits, and vegetables.
Foods must meet criteria for "low fat." Fish and game meats must meet criteria for "extra lean." Claims may not mention specific types of fats and must use "total fat" or "fat" and "some types of cancer" or "some cancers" in discussing the nutrient-disease link.
Foods must meet criteria for "low saturated fat," "low cholesterol," and "low fat." Fish and game meats must meet criteria for "extra lean." Claims must use "saturated fat and cholesterol" and "coronary heart disease" or "heart disease" in discussing the nutrient-disease link.
Foods must meet criteria for "low fat," and, without fortification, be a "good source" of dietary fiber. Claims must not specify types of fiber and must use "fiber," "dietary fiber," or "total dietary fiber" and "some types of cancer" or "some cancers" in discussing the nutrient-disease link.
"Development of cancer depends on many factors. A diet low in total fat may reduce the risk of some cancers."
"While many factors affect heart disease, diets low in saturated fat and cholesterol may reduce the risk of this disease."
"Low-fat diets rich in fiber-containing grain products, fruits, and vegetables may reduce the risk of some types of cancer, a disease associated with many factors."
increase the risk of some types of cancer, such as cancers of the breast, colon and prostate. While scientists don't know how total fat intake affects cancer development, low-fat diets reduce the risk. Experts recommend that Americans consume 30 percent or less of daily calories as fat. Typical U.S. intakes are 37 percent.
Fruits, vegetables, and grain products that contain fiber, particularly soluble fiber, and risk of coronary heart disease: Diets low in saturated fat and cholesterol and rich in fruits, vegetables, and grain products that contain fiber, particularly soluble fiber, may reduce the risk of coronary heart disease. (It is impossible to distinguish the effects of fiber, including soluble fiber, from those of other food components.)
Fruits and vegetables and cancer: DJets low in fat and rich in fruits and vegetables may reduce the risk of some cancers. Fruits and vegetables are low-fat foods and may contain fiber or vitamin A (as beta-carotene) and vitamin C. (The effects of these vitamins cannot be adequately distinguished from those of other fruit or vegetable components.)
Fruits, vegetables, and whole-grain breads and cereals.
Fruits and vegetables.
Foods must meet criteria for "low saturated fat," "low fat," and "low cholesterol." They must contain, without fortification, at least 0.6 g of soluble fiber per reference amount, and the soluble fiber content must be listed. Claims must use "fiber," "dietary fiber," "some types of dietary fiber," "some dietary fibers," or "some fibers" and "coronary heart disease" or "heart disease" in discussing the nutrientdisease link. The term "soluble fiber" may be added.
Foods must meet criteria for "low fat" and, without fortification, be a "good source" of fiber, vitamin A, or vitamin C. Claims must characterize fruits and vegetables as foods that are low in fat and may contain dietary fiber, vitamin A, or vitamin C; characterize the food itself as a "good source" of one or more of these nutrients, which must be listed; refrain from specifying types of fatty acids; and use "total fat" or "fat," "some types of cancer" or "some cancers," and "fiber," "dietary fiber," or "total dietary fiber" in discussing the nutrient-disease link.
"Diets low in saturated fat and cholesterol and rich in fruits, vegetables, and grain products that contain... dietary fiber, particularly soluble fiber, may reduce the risk of heart disease...."
"...diets rich in fruits and vegetables (foods that are low in fat and may contain dietary fiber, vitamin A, or vitamin C) may reduce the risk of...cancer .... Broccoli is high in vitamins A and C, and ...dietary fiber."
that exceeds the legislative guidelines. Nutrition information need not be listed on the label (or menu description) of each food item w h e n nutrient or health claims involve a combination of restaurant foods (e.g., a complete meal), but the regulations do require that such information be provided in a location that is visible w h e n the customer is ordering or consuming the food products. 6
The Role of AdvocacyGroups Two advocacy groups, the Center for Science in the Public Interest (CSPI) and Public Citizens (PC), have publicly pressed government regulators to force restaurants to provide the same nutrition information as is now required on packaged foods] These organizations gain their influence by conducting nutritional analyses on restaurant foods and announcing the results publicly to pressure restaurant companies to label their food products. CSPI's publicity on the nutrition content of Mexican-style food was based on a study o f only 19 restaurants.Yet the study's results were.judged uncritically and made national news. 8 Pressure groups used legal action to push the FDA into requiring that restaurants meet the same guidelines as package-food makers when making nutrient and health claims for their food products. 9 The FDA essentially supported the CSPI and PC legal positions by stating that "the exemption (for restaurants) was illogical." By not taking action against the lawsuit, the FDA essentially rewrote the legislation that was passed by Congress. 10 6FederalRegistry,"NutritionLabelingof Restaurant Foods,"No. 101.10. 7Allen,p. 72 8PatDiDomenico,"HolyFrijole!CSPITakes a Swingat MexicanRestaurants,"Restaurants USA, Vol. 14, No. 8 (September 1994),p. 11. 9Allen,p. 72. ~°Allen,p. 72.
Consumer desires. Although the CSPI may overstate its case, the center's concerns are based on a legitimate consumer desire for more thorough information about food offered for sale. The health-conscious restaurant consumer is important to restaurant operators. Over one-third o f restaurant customers reported that they are concerned with the nutritional value o f foods. ~ Many more restaurant chains are serving healthful menu items as time goes on. For example, the move by quick-service restaurants into offering salads and other low-fat items was a response to consumers' stated concerns. Several restaurant chains are specializing in salads and other nutrition items while other restaurants are modifying their menu items upon request to reduce the caloric and fat content. 12 Nevertheless, menu items that are based solely on nutrition concerns or that emphasize nutrition over taste have rarely been successful.
Specific Requirements Restaurants are n o w required to support any nutrient or health claims made on menus, signs, placards or advertisements, whether explicit or implicitJ 3 Explicit health claims must n o w meet specific requirements that have been established by the FDA, as delineated in Exhibit 2. The FDA has also specified the wording o f specific claims. While one might once have mentioned soluble or insoluble fiber, for example, a claim can no longer mention the type o f fiber. Instead, claims regarding fiber are limited to the terms "fiber," "dietary fiber," or l~DiDomenico,p. 12. 12PatDiDomenico,"CSPIAdvocacyGroup Skewers ChineseFood:AreYou Next?" Restaurant USA, Vol. 13, No. 11 (December 1993), p. 10. ~3Allen,p. 1.
June 1995 • 65
Exhibit 3
Government-approved nutrition claims Here are examples of the meanings of some descriptive words for specific nutrients:
Sugar Sugar free: less than 0.5 grams (g) per serving No added sugar, Without added sugar, No sugar added: • No sugars added during processing or packing, including ingredients that contain sugars (for example, fruit juices, applesauce, or dried fruit). • Processing does not increase the sugar content above the amount naturally present in the ingredients. (A functionally insignificant increase in sugars is acceptable from processes used for purposes other than increasing sugar content.) • The food that it resembles and for which it substitutes normally contains added sugars. • If the food doesn't meet the requirements for a low- or reduced-calorie food, the product bears a statement that the food is not low-calorie or calorie-reduced and directs consumers' attention to the nutrition panel for further information on sugars and calorie content. Reduced sugar: at least 25 percent less sugar per serving than reference food
Calories Calorie free: fewer than 5 calories per serving Low calorie: 40 calories or less per serving andif the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Reduced or Fewer calories: at least 25 percent fewer calories per serving than reference food
Fat Fat free: less than 0.5 g of fat per serving Saturated-fat free: less than 0.5 g per serving and the level of trans fatty acids does not exceed 1 percent of total fat Low fat: 3 g or less per serving, and if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Low saturated fat: 1 g or less per serving and not more than 15 percent of calories from saturated fatty acids Reduced or Less fat: at least 25 percent less per serving than reference food Reduced or Less saturated fat: at least 25 percent less per serving than reference food
Cholesterol Cholesterol free: less than 2 milligrams (mg) of cholesterol and 2 g or less of saturated fat per serving Low cholesterol: 20 mg or less and 2 g or less of saturated fat per serving and, if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Reduced or Less cholesterol: at least 25 percent less and 2 g or less of saturated fat per serving than reference food
Sodium Sodium free: less than 5 mg per serving L o w s o d i u m : 140 mg or less per serving and, if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Very low sodium: 35 mg or less per serving and, if the serving is 30 g or less or 2 tablespoons or less, per 50 g of the food Reduced or Less sodium: at least 25 percent less per serving than reference food
Fiber High fiber: 5 g or more per serving. (Foods making high-fiber claims must meet the definition for low fat, or the level of total fat must appear next to the high-fiber claim.) Good source of fiber: 2.5 g to 4.9 g per serving More or Added fiber: at least 2.5 g more per serving than reference food
""
CBI~NE[IHOTELAND RESTAURANTADMINISTRATIONQUARTERLY
"total dietary fiber,m4 The requirements are rigid. Moreover, as I'll explain further in a moment, they are based on serving sizes established for packaged foods, rather than on actual servings in a restaurant. The basic rule for making a health claim for a restaurant item is stated as follows: The nutrient or food substance must be related to a disease or health condition for which most people or a specific group of people, such as the elderly, are at risk. Second, for a claim to be valid, the rules require significant agreement among qualified experts that the claim is supported by the totality of publicly available scientific evidence. This evidence must include data from well-designed studies conducted with recognized scientific procedures and principles. ~s
H u m p t y D u m p t y rule. Meanings of words have also been defined by the FDA. Restaurant operators cannot use their own or dictionary definitions for terms like "reduced," "low," "light," and "very low" w h e n referring to the nutritional value o f food. Instead restaurants are required to follow the meanings that the FDA has established for these words (see Exhibit 3). ~6 For example, the words "reduced fat" must be associated with menu items that have 25-percent-less fat than comparable menu items. O n the other hand, the word "light" must refer to menu items that have 50-percentless fat than comparable menu items. Attempting to meet these federal mandates can become very frustrating and confusing to operators who are attempting to provide information to their consumer. Restaurant operators are restricted from stating that an item is made with no tropical oils unless the oil that they are currently using is low in saturated fat. At the same ~4Willis, p. 27. l~Willis, p. 23. ~6Willis, p. 23.
Exhibit 4
Nutrient variations due to portion size Fat
Calories (Kcal)
Item American cheese, processed Macaroni and cheese Lasagna (with meat) Butter Cream cheese T-Bone steak
Serving Size 1.0 oz. 1.5 oz. 3/4 cup 1 cup 6 oz. 8 oz. 1Tbs. 2Tbs. 1 oz. 1.5 oz. 3.5 oz. 5.0 oz.
time, the FDA has declared that identifying the oil that is being used implies that the oil is low in saturated fat. Therefore, one can only list the oil if it is, in fact, low in saturated fat. (The FDA is expected to introduce additional labeling rules that will affect the restaurant industry. According to the FDA, these rulings were due out in late December of 1994. At time of this writing, the new rules were not released.)
The Portion-SizeProblem The chief difficulty for restaurateurs with implementing the FDA regulations is that the labeling guidelines were originally established for packaged foods sold in grocery stores and elsewhere. 17 For over a decade the FDA and food-processing companies examined the different meanings of nutrient and health claims and serving sizes. They debated the costs of implementing the regulations for packaged food and of developing consumer awareness of the nutrient and health information on food packages. 17Willis, p. 10.
Kcal 106 159 255 319 256 340 108 216 98 147 324 463
Change in Kcal 53 64 84 108 49 139
Fat (g) 8.9 13.4 7.5 9.4 11.4 15.2 12.2 24.4 9.5 14.3 24.6 35.2
Cholesterol
Change in fat (g) 4.5 1.9 3.8 12.2 4.8 10.6
Chol(mg) 27.0 40.5 18.0 22.5 35.0 46.6 121.0 242.0 28.0 42.0 84.0 120.1
Change in chol (mg) 13.5 4.5 11.6 121.0 14.0 36.1
The restaurant industry faces difficulties in implementing a set of guidelines that was established for food-processing companies. The issue of serving size provides an example. Most of the nutrition guidelines are based on a serving size for meat of 3.5 ounces. Depending on a restaurant's competitive position, however, it may be impractical and unreasonable to insist that a restaurant serve exactly a 3.5-ounce steak or 3.5-ounce portion of chicken. Consequently, many of the FDA regulations are difficult for a restaurant to follow, because the requirements are based on standard sizes for packaged food./8 Another example is the requirement for "low fat," which is "three grams or less of fat" per serving. A packaged food item can meet that standard by designating a package as containing, say, three servings. In contrast, it would be ludicrous for a restaurant that depends on large portion sizes for its competitive advantage to label an entr6e as being "three servings," even though a similar amount of packaged food might, indeed, be so labeled. In18Allen, p. 72.
June 1995 • 67
Exhibit 5 Quick-service nutrient chart
Bun and Burger,
Enriched wheat flour, water, sugar (sucrose or high fructose corn syrup), sesame seeds, shortening (animal and/or vegetable), salt, wheat gluten, yeast, yeast food (calcium sulfate, potassium iodate, potassium bromate, and/or ammonium sulfate), dough softeners (mono- and diglycerides, protease enzyme), dough conditioners (sodium and/or calcium stearoyllactylate), mold inhibitor (calcium propionate), whiteners (calcium peroxide, azodicarbonamide), preservative (potassium sorbate), leavening agent (monocalcium phosphate).
Bun and Chicken
100 percent USDA inspected ground beef (broiled) USDA inspected chicken, marinade (water, salt, sodium phosphate, monosodium glutamate, modified food starch), batter and breading (bleached wheat flour, salt, spices, partially hydrogenated vegetable oil, whey, monosodium glutamate, yeast, sweet peppers, onion, garlic, dextrose, leavening (monocalcium phosphate, sodium acid pyrophosphate, sodium bicarbonate), corn starch, oat flour, natural flavoring). Prepared in 100 percent vegetable oil.
Drinks
Breakfast
Salad
Vanilla Shake: Partially skimmed milk (milk and skim milk), sugar, corn sweeteners, sweet whey, artificial vanilla flavor, guar gum, mono- and diglycerides, cellulose gum, carrageenan, potassium phosphate, sodium citrate, sodium carbonate, and artificial color (annatto). ® Diet Coke : Carbonated water, caramel color, phosphoric acid, sodium saccharin, potassium benzoate (preservative), natural flavors, citric acid, caffeine, potassium citrate, aspartame, dimethypolysiloxane. French Toast Sticks: Bread: Wheat flour, water, corn syrup, yeast, contains 2 percent or less of each of the following: partially hydrogenated soybean oil, wheat gluten, salt, corn flour, dough conditioners (may contain one or more of the following: mono- and diglycerides, ethoxylated mono- and diglycerides, calcium and sodium stearoyllactylates, calcium peroxide), yeast nutrients (monocalcium phosphate, calcium sulfate, ammonium sulfate), corn starch, malted barley flour, calcium propionate added to retard spoilage, tumeric and paprika extracts, niacin, iron, thiamine mononitrate (vitamin B 1), riboflavin (vitamin B2). Batter and Breading: water, bleached wheat flour (enriched with niacin, iron, thiamine mononitrate, riboflavin), wheat flour, sugar, yellow corn flour, soy flour, contains 2 percent or less of the following: dextrose, modified corn starch, salt, lecithin, gum arabic, leavening (monocalcium phosphate, sodium bicarbonate), yeast, glycerine, natural and artificial flavor, polysorbate 80, carrageenan. Fried in partially hydrogenated soybean oil. All salad produce is US Grade #1.
deed, the portions of many menu items sold in restaurants probably would not meet the "three grams or less" requirement for a serving. 19 With this kind of regulation, the determination of what is a "serving" is no longer left to the marketplace. Another complication for restaurants is that portion sizes are usually smaller for lunch than for dinner. As a consequence, one set of nutrition claims could possibly be made for the lunch menu and another set (or none at all) for the dinner menu. 19Allen, p. 72.
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I~NELI HOTELANDRESTAURANTADMINISTRATIONQUARTERLY
Such a disparity could create great complications in a restaurant's advertisements. In this case, one would have to specify the time of day for nutrient and health claims and set limitations on the claims, all the while adhering to the FDA's word requirements. Food-processing companies have the advantage of using machines that will portion an exact amount of food into containers for sale to the public. Despite a long history o f portion control in some segments, the restaurant industry is mostly at a disadvantage in determining guests' portions because employees and
F O C U S
ON
F O O D
S E R V I C E
Exhibit 6 Nutrition-information chart Drinks
Sandwiches and Side Orders Butterfly Cheeseburger Shrimp
Serving Size (g) Calories Calories from fat Protein (g) Carbohydrates (g) Total fat (g) Saturated fatty acids (g) Cholesterol (mg) Sodium (rag) USRDA percentages of daily values** Protein Calcium Iron Vitamin A Vitamin C
142 380 170 19 28 19 9 65 780
116 300 153 15 21 17 5 105 610
23 15 15 6 0
25 15 6 0 4
Garden Salad
223 95 45
Dinner Roll
25 80 18
Breakfast
Baked Potato
Dutch Apple Pie
Orange Juice
Coffee
200 210 0
113 308 135
183 82 0
244 2 0
6
3
5
3
1
0
8 5 3 15 125
13 2 0
48 0 0
39 15 3
20
0
0
0
0
0
0
140
15
228
0 0 2
0 0 122
4 1
8 2
4 *
* *
30
5 * *
15 0 50
6 * 8
3 119
10 4
9
15 6 100 58
FrenchToast Sticks
141 440 243 4 60 27 7 0 490
13
6 6
15
*Negligible or too small to calculate.
**Percentages of daily values are calculated based on a 2,000-calorie daily intake.
guests ultimately determine portions of most food items. Furthermore, w h e n a restaurant allows menu substitutions, as most do, its nutrition analysis is compromised. The unstandard standard. The FDA uses the quick-service segment as an example of h o w the foodservice industry could adopt labeling requirements. The agency's rationale is that quick-service restaurants have standardized menus, but the reality is that even seemingly identical menu items vary considerably from store to store within the same chain. One well-known quick-service chain, a leader in providing nutrition information, publishes nearly a paragraph-long disclaimer to discuss the variability of menu items at its stores.The disclaimer states:
culture and our suppliers. Although these data are based upon standard product formulations, variation can be expected due to sampling differences, seasonal influences, normal manufacturing tolerances, slight differences in product assembly on a restaurant-by-restaurant basis and other factors. To ensure freshness of our buns, shakes, and produce, Burger King restaurants purchase these products locally from numerous vendors, thereby introducing factors of variability, such as the need for optional ingredients in buns3 °
The nutrition information provided in this booklet is a summary of analytical data from the Pillsbury Company, Hazelton Laboratories, Inc., Silliker Laboratories, and ABC Research Corporation, combined with representative values from the United States Department of Agri-
In other words, the minute a restaurant owner says, "have it your way," the entire nutrition analysis changes. Despite the current regulation that allows the use o f a cookbook or database for determining menu items' nutrient values, quick-service chains are using testing laboratories to ensure that their claims are valid and accurate. That practice should stand as a warning to other restaurants that if they are using less2°Your Guide to Nutrition at Burger Kin2 (Miami, FL: Burger King Corporation, 1994), p. 1.
June1995 • 69
scientific means to support their nutrient and health claims, they should at m i n i m u m expand their '" ' " " 1selves isclaimer value of 25 to portion makes .'gal coun)fmaking ; for menu w varia.~ration can itrifion for a motenting the federal guidelines include reprinting restaurant menus and advertising materials solely for the purpose of meeting the FDA guidelines. One estimate places those costs alone at above $500 million throughout the United States. at If the FDA does require that all restaurants conduct laboratory nutrient analyses on their menu items or if a restaurant desires to make a health or nutrient claim that is extremely precise, the average cost of analysis is approximately $500 per menu item, according to one chain that checked with three different laboratories capable of conducting food analysis.22 Considering the expense and potential for liability, the result of these new guidelines will be that many operators w h o are currently providing some form of nutrient and health information will remove any claims or helpful information (e.g., the little hearts found on many menus). Instead of the general public's becoming more informed by these regulations, many consumers will be even more in the dark due to restaurateurs' fear of not being in full compliance with FDA regulations. 23
l~l[I
A concern for every restaurateur is that these guidelines for making nutrient and health claims are only the beginning. Edward Scarbrough, from the FDA's Office of Food Labeling, stated that "Food labeling is a subject we'll continue to revisit for many years to come."24The National Restaurant Association has pleaded with the FDA to discuss the challenges that a restaurant must face compared to a food-processing company. 2s So far, the FDA is implementing the same nutrient and health requirements for menu items in restaurants as on packaged foods. The FDA is currently seeking regulations that will require restaurants to provide nutrient information and list ingredients for all menu items. A spokesperson for the FDA, w h o requested anonymity, stated that the guidelines for restaurants will be similar to those that are now required for food-processing companies. Exhibits 5 and 6 show examples of the type of nutrient information and ingredient listing that restaurants might be required to provide their customers. The menu items shown in the exhibits are from a nutritioninformation chart from a quickservice restaurant. 26The implementation of these guidelines could cost restaurants billions o f dollars. In summary, restaurateurs should be careful to provide accurate information concerning their menu items. Restaurant operators w h o would like to deflect some of the FDA's rule making should bear in mind that the FDA is composed of scientists and governmental regulators w h o are not familiar with the food-service industry. Any lobbying effort should be based on educating the regulators in the realities of the restaurant business. CQ
22your Guide to Nutrition at Burger King, p. 2.
24Willis, p. 19. 2SAllen, p. 72.
23Allen, p. 72.
26Your Guide to Nutrition at Burger King, p. 2.
~lAllen, p. 72.
70
Future Labeling Requirements
HOTELANDRESTAURANTADMINISTRATIONQUARTERLY