ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, July 3, 1996 TAG: 9607030077
SECTION: BUSINESS PAGE: B-6 EDITION: METRO
DATELINE: WASHINGTON
SOURCE: Associated Press
A federal judge, siding with consumer advocacy groups, ordered the government Tuesday to require restaurants to back up any health and nutrition claims on their menus.
Exactly what restaurants would have to do remained unclear, as the Food and Drug Administration has not set the rules it proposed three years ago.
At issue was the FDA's decision to exempt menus from the labeling requirements of the Nutrition Labeling and Education Act of 1990. The law brought simpler ``Nutrition Facts'' labels to packaged and processed foods in 1994 and imposed strict requirements on health and nutrition claims by their makers.
The FDA had reasoned that since menus change frequently, such requirements might deter restaurants - especially smaller ones - from providing useful, nutrition-related information on menus.
The agency reversed its interpretation in June 1993 and proposed extending the law to restaurant menus, partly because of pressure from the two consumer groups, Public Citizen and the Center for Science in the Public Interest.
Tuesday, U.S. District Judge Paul Friedman ordered the FDA to amend the law's labeling requirements within 30 days.
``The court finds that the language'' of the law ``is clear and that Congress intended to include restaurant menus in the NLEA nutrition and health labeling provisions,'' Friedman said in his ruling.
A spokesman for the National Restaurant Association criticized the regulations as expensive and time-consuming for member restaurants, but promised full compliance.
``We don't deal with standardized products with standard boxes,'' said Jeff Prince, senior director of the 35,000-member trade group. ``We deal with chefs in kitchens who are artists.''
Consumer advocates said the regulations will require restaurants to support menu claims with the same kind of data required of packaged food manufacturers. Patrons will be able to trust that food promoted as healthy or nutritious is exactly what the menu says it is, said Bruce Silverglade, legal director for the Center for Science in the Public Interest.
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