Food Labels

I supported the nutrition label requirements initially. But Balko makes me think twice about it.

Then there are the lawsuits. When McDonalds voluntarily agreed to post its nutritional information on the Web several years, it wasn’t long at all before the nutrition fanatics at the Center for Science in the Public Interest (CSPI) attacked the company because a couple of McDonalds employees served covert CSPI reps overly large ice cream cones.

Earlier this month, a Seattle firm filed a class action suit against the Applebee’s chain because of what the firm says were errors in its nutritional menu labeling. Days later, the same firm filed a similar suit in Texas, this time aimed at the Brinker chain, which owns brands such as Chili’s and Macaroni Grill. Of course, if these restaurants deliberately mislabeled nutritional information or didn’t bother to accurately test food labeled as “healthy,” they should be held accountable.

But it’s also impossible to make the same dish the exact same way every time. Such is the reason why large chains test the same dish multiple times to arrive at an average. But if you’re looking for a reason to sue, you’re only going to include in your claim the chains that served dishes that came out over the posted data, not under.

This is the main reason why restaurants have been reluctant to provide nutritional information in the first place. An extra pat of butter, an extra dash of salt, a substitution here or there, or even a generous chef who — God forbid — decides to give a customer a generous portion, can now mean multimillion-dollar class action lawsuits.

These menu-labeling bills have put restaurants in a no-win predicament. Their best bet is to mechanize their kitchens and to take all variety and spontaneity out of their menus — which isn’t exactly a good outcome for consumers. And you can bet that when the latest round of menu-labeling bills fails to make us any skinnier, the nutrition activists will start taking aim at the smaller chains and independent restaurants too.

Actually, I think massive lawsuits are the point, no?