Montgomery County’s menu labeling likely to pass

VP of America First Legal slams 'unfounded attempts to clog the federal courts as part of state lawfare against the Administration'

Published November 17, 2009 5:00am EST



The Montgomery County Council is expected to pass a law Tuesday that would force chain restaurants to post in a “clear and conspicuous” manner the number of calories in the food they serve.

Proponents said the new menu-labeling rules, similar to what’s already law in New York City, would help curb rising obesity rates and provide consumers with information needed to make healthier eating choices.

But restaurant owners said the food business is already tough enough, and having to post the amount of calories on menus and boards is an unwelcome burden.

“This is not a time for new and unnecessary expenses to be paid by small-business owners who are struggling to pay their bills,” Diana Mahoney, co-owner of Ledo Pizza in Damascus, said in a letter to the County Council. “This local legislation is not needed at this time of economic distress.”

Mahoney said redesigning a menu board could cost “thousands” of dollars.

The Restaurant Association of Maryland said the county’s legislation is unneeded because there is currently similar legislation being considered at the federal level. It estimates that 640 county restaurants, many of them owned by individual franchise owners, would be affected by the bill.

Spokesman Melvin Thompson said he didn’t understand what the council’s “rush” was to pass a local law, and said his organization has been working to delay a vote.

But the bill’s sponsor, Councilman George Leventhal, D-at large, said there’s no guarantee that a similar federal law will be passed and there’s no reason to wait for the slow moving federal government.

“If it’s a good idea three years from now, why isn’t it a good idea now?” Leventhal asked.

A County Council panel composed of three council members changed some of the bill’s earlier language to mirror the proposed federal legislation before approving it. Several other council members told The Examiner they planned on supporting the bill and Council President Phil Andrews said he expected it to pass.

The bill was first introduced in 2007. Earlier versions of the county’s bill required restaurants with 10 or more locations nationally to post the fat, sodium and calorie content on the menus in their restaurant. The latest version of the county’s bill would apply to restaurants with 20 or more facilities nationally, and only require calorie counts to be placed on menus.

A recent report by New York City’s health officials showed a modest reduction in calorie consumption after the city started requiring menu labeling. An earlier independent study conducted at fast-food restaurants in poor neighborhoods found no change in “calories purchased.”

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