SATURDAY October 27, 2007 (Foodconsumer.org) -- The Board of Health voted to propose a new regulation to require certain chain restaurants to prominently display calorie information on their menus and menu boards, the City Department of Health announced on October 24.

The city takes the step in an effect to help consumers make healthier food choices and hopefully reduce their chances of becoming obesity, which has affected millions of New York City residents.

The new rule would only apply to chain restaurants in the city that have 15 or more outlets nationwide with menus and menu items that are standardized for content and portion size.

An estimated 10 percent of all New York City restaurants will be affected by the proposed regulation.   Public comments are being solicited and a public hearing is scheduled for November 27, 2007. A vote by the Board of Health is expected in January.

If passed, the new regulation, which is available online  will take effect on March 31, 2008.

“Obesity and diabetes are the only major health problems that are getting worse, and getting worse rapidly,” said Dr. Thomas Frieden, New York City Health Commissioner.   “Posting calorie information will help people make healthier choices about what to eat and drink – and live longer, healthier lives.”

An earlier version of calorie listing proposal, passed by the Board of Health in December 2006, was challenged in a lawsuit brought by the New York State Restaurant Association because it requires only certain restaurants that have already displayed calorie information somewhere but not on menus.

In September 2007, a federal judge ruled that federal regulations preempt the early proposed regulation. But the judge said the City has the right to mandate posting of calorie information as long as the rule applies to all chain restaurants with more than a certain number of outlets.

The Board of Health proposed the rule based on a number of reasons.

First, the health officials said chain restaurants play a significant role in the obesity problem. A recent survey by the department showed that a third of the lunch items purchased from chain restaurants contained more than 1,000 calories, which is half of the daily amount of calorie a typical adult needs.

Second, many chain restaurants do post calorie information, but only on the Internet, in brochures, or on food wrappers or tray liners.   According to the department, 97 percent of customers excluding Subway patrons said no calorie information is available either before or after their purchase.

“Chain restaurants are failing to inform consumers about the calorie content of their food,” said Dr. Frieden. “Although some chains claim they have worked hard to make calorie information available to customers, New Yorkers tell us that they did not see it. Without this information, people can’t make informed choices.”

The result from lack of calorie information is that one in very 10 people underestimated the calorie amount of less healthy meals by an average of 600 calories as a study found.

The health department survey also found that when people have access to calorie information, they tend to use it.    About three quarters say they look at calorie information on packaged foods in grocery stores and about half say the nutrition information would affect their purchasing decision.