The Middletown Press (Middletown, CT)

NYC calorie rule scrutinize­d in courts of law, and science

- By Jennifer Peltz

NEWYORK» As a court fight simmers over New York City’s pioneering requiremen­t for calorie counts on chain restaurant menus, scientists say the jury’s still out on whether giving people the numbers spurs them to eat healthier.

The city says that by requiring eateries to tell people that their $4 cheeseburg­er will also cost them about 540 calories, it’s helping diners make informed choices in an era of rising obesity.

New York City’s first-inthe-nation rule took full effect in 2008. It was copied by other cities and counties and a half-dozen states and became part of President Barack Obama’s 2010 health care overhaul. The repeatedly delayed federal regulation, which extends to grocery and convenienc­e store chain menus, is now set to take effect next year.

But plenty of opponents to the idea remain, including some who question its effectiven­ess.

Studies to date haven’t conclusive­ly shown that restaurant-goers, on the whole, actually order lighter foods when the calorie tally is right there. It appears to influence some people, in some settings, and possibly restaurant­s’ recipes, researcher­s say.

“What we haven’t seen so far is any sort of dramatic change in the number of calories purchased at the population level,” says Dr. Brian Elbel, a New York University health policy professor who co-authored a 2014 analysis of 31 studies on the subject, some of them his own. But “some people are definitely seeing and using this informatio­n.”

The National Associatio­n of Convenienc­e Stores cited some of that research when it sued to stop New York City from enforcing a retooled rule expanding the calorie labeling requiremen­ts to groceries and other small markets, saying the city was forcing businesses to spend thousands of dollars complying with a local rule when a national one is coming.

On Friday, a Manhattan federal judge approved a deal among lawyers on both sides that ensures will not enforce the expansion said this week. before May. The agreement About 1 million New also ensures that calorie Yorkers see calorie data every counts won’t disappear day, according to Health from chains that have Department research, and a posted them for years. 2011 Quinnipiac University

“This addresses themost poll found 79 percent of city basic of needs — providing voters found the informatio­n us with nutrition informatio­n useful. to make healthful decisions But if it’s useful, do people at the time of decision-making,” use it? spokeswoma­n the city At least Stephaniet­hree research Buhle analyses have said there’s no definitive proof it leads to lower-calorie orders for diners and eateries in general, though researcher­s involved note that they may not have captured small effects.

Some scientists feel the research shows the policy falls short. Menu labeling “might not be the proper prescripti­on,” Indiana University medical professor Dr. Aaron Campbell wrote in The New York Times in 2015.

But some individual studies have found effects. Some Stanford University business professors’ 2010 examinatio­n of over 100million Starbucks purchases found that menu postings trimmed the calories in customers’ orders by an average of 6 percent, from 247 to 232.

In another example, a 2013 study in Seattle and surroundin­g King County found some calorie-cutting, though particular­ly by women and customers who said they took menu postings into account when ordering.

While the overall evidence is mixed, “I think it’s still reasonable to say that among those who see and use the informatio­n, it is helpful to them — and why wouldn’t you want to give consumers informatio­n?” says University of Washington medical professor Jim Krieger, a co-author of the King County study. He also runs Healthy Food America, a food policy advocacy group.

Krieger and others have also done research that suggests some restaurant­s offer lower-calorie dishes after labeling requiremen­ts. And researcher­s note that calorie counts could have hard-to-measure effects, such as helping gradually shift eating norms and expectatio­ns.

“It’s unreasonab­le to say, ‘If this one policy doesn’t reduce obesity, it’s a failure,’ because the chances any one policy will do that are incredibly small,” says Dr. Christina Roberto, a University of Pennsylvan­ia health policy professor who’s worked on several studies on menu calorie counts.

“We don’t even have the best data yet. And I think there are a lot of commonsens­e reasons to do it,” she says.

 ?? CANDICE CHOI — THE ASSOCIATED PRESS FILE ?? Informatio­n cards provide calorie count and price for food items on display at a Whole Foods store in New York. As New York City battles in court over its pioneering rules requiring some restaurant­s, grocery stores and other eateries to post calorie...
CANDICE CHOI — THE ASSOCIATED PRESS FILE Informatio­n cards provide calorie count and price for food items on display at a Whole Foods store in New York. As New York City battles in court over its pioneering rules requiring some restaurant­s, grocery stores and other eateries to post calorie...

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