Should we allow food establishments flexibility over where they disclose nutritional information as required by the FDA?

Health
Common Sense Nutrition Disclosure Act of 2017 (H.R. 772)
This bill has Passed the House of Representatives
Bill Summary

This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu OR menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off-premises. The FDA may not exempt states from nutrition labeling requirements. Sponsor: Rep. McMorris Rodgers, Cathy [R-WA-5].
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Opponents say

• “The bill would undercut the Food and Drug Administration’s (FDA) menu labeling regulations and undermine congressional intent to provide access to calorie labeling in a broad range of chain food service establishments.”
• Food establishments should be required to provide consumers with certain nutritional information on menus and menu boards in a standard format, as intended by the FDA, to minimize misunderstanding and help people make informed food choices.

Proponents say

• You should have access to important nutritional information whether you’re buying food at a local convenience store or a restaurant. This bill protects consumer health, while also preventing states from being exempt from Food and Drug Administration (FDA) regulations.
• The FDA’s one-size-fits-all menu labeling requirements are incredibly burdensome for small business owners, yet do not provide the flexibility businesses need to comply with these regulations. This bill provides that flexibility.
• This act does not diminish the amount of nutritional information that must be provided by restaurants and retailers, but instead ensures food providers aren’t unnecessarily burdened.
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