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A32    FEATURE
                  Monday 28 august 2017
               NYC calorie rule scrutinized in courts of law, and science



            By JENNIFER PELTZ                                                                      chains  that  have  posted   surrounding  King  County
             Associated Press                                                                      them for years.              found  some  calorie-cut-
            NEW  YORK  (AP)  —  As  a                                                              “This  addresses  the  most   ting,  though  particularly
            court  fight  simmers  over                                                            basic of needs — provid-     by  women  and  custom-
            New  York  City’s  pioneer-                                                            ing us with nutrition infor-  ers  who  said  they  took
            ing requirement for calo-                                                              mation  to  make  health-    menu  postings  into  ac-
            rie  counts  on  chain  res-                                                           ful  decisions  at  the  time   count when ordering.
            taurant  menus,  scientists                                                            of      decision-making,”    While  the  overall  evi-
            say  the  jury’s  still  out  on                                                       spokeswoman  Stephanie       dence  is  mixed,  “I  think
            whether  giving  people                                                                Buhle said this week.        it’s  still  reasonable  to say
            the  numbers  spurs  them                                                              About 1 million New York-    that  among  those  who
            to eat healthier.                                                                      ers see calorie data every   see and use the informa-
            The  city  says  that  by  re-                                                         day, according to Health     tion,  it  is  helpful  to  them
            quiring  eateries  to  tell                                                            Department       research,   — and why wouldn’t you
            people  that  their  $4                                                                and  a  2011  Quinnipiac     want  to  give  consumers
            cheeseburger  will  also                                                               University  poll  found  79   information?” says Univer-
            cost them about 540 cal-                                                               percent  of  city  voters    sity  of  Washington  medi-
            ories,  it’s  helping  diners                                                          found  the  information      cal  professor  Jim  Krieger,
            make  informed  choices                                                                useful.                      a  co-author  of  the  King
            in an era of rising obesity.                                                           But if it’s useful, do people   County study. He also runs
            New York City’s first-in-the-                                                          use it?                      Healthy  Food  America,
            nation rule took full effect                                                           At  least  three  research   a  food  policy  advocacy
            in 2008. It was copied by                                                              analyses     have     said   group.
            other  cities  and  counties                                                           there’s no definitive proof   Krieger  and  others  have
            and  a  half-dozen  states                                                             it  leads  to  lower-calorie   also  done  research  that
            and became part of Pres-     In this Aug. 24, 2017 photo, a KFC menu displays meal selections   orders for diners and eat-  suggests  some  restau-
            ident  Barack  Obama’s       with calorie counts, in New York.        Associated Press   eries  in  general,  though   rants  offer  lower-calorie
            2010  health  care  over-                                                              researchers involved note    dishes  after  labeling  re-
            haul.                        rants’ recipes, researchers  stop  New  York  City  from   that  they  may  not  have   quirements.
            The  repeatedly  delayed     say.                         enforcing  a  retooled  rule   captured small effects.    And    researchers   note
            federal regulation, which    “What  we  haven’t  seen  expanding  the  calorie
            extends  to  grocery  and    so  far  is  any  sort  of  dra-  labeling  requirements  to
            convenience store chain      matic change in the num-     groceries and other small
            menus, is now set to take    ber of calories purchased  markets,  saying  the  city
            effect next year.            at  the  population  level,”  was forcing businesses to
            But  plenty  of  opponents   says Dr. Brian Elbel, a New  spend  thousands  of  dol-
            to  the  idea  remain,  in-  York University health pol-  lars  complying  with  a  lo-
            cluding  some  who  ques-    icy  professor  who  co-au-  cal  rule  when  a  national
            tion its effectiveness.      thored  a  2014  analysis  of  one is coming.
            Studies  to  date  haven’t   31 studies on the subject,  On  Friday,  a  Manhattan
            conclusively  shown  that    some of them his own. But  federal  judge  approved
            restaurant-goers,  on  the   “some  people  are  defi-    a deal among lawyers on
            whole,    actually   order   nitely  seeing  and  using  both sides that ensures the
            lighter  foods  when  the    this information.”           city  will  not  enforce  the
            calorie tally is right there.   The  National  Association  expansion  before  May.
            It  appears  to  influence   of  Convenience  Stores  The  agreement  also  en-
            some people, in some set-    cited  some  of  that  re-   sures  that  calorie  counts
            tings, and possibly restau-  search  when  it  sued  to  won’t     disappear    from   In this May 3, 2017 file photo, information cards provide calo-
                                                                                                   rie count and price for food items on display at a Whole Foods
                                                                                                   store, in New York.
                                                                                                                                            Associated Press
                                                                                                   Some  scientists  feel  the   that calorie counts could
                                                                                                   research shows the policy    have     hard-to-measure
                                                                                                   falls  short.  Menu  labeling   effects,  such  as  help-
                                                                                                   “might  not  be  the  prop-  ing  gradually  shift  eating
                                                                                                   er  prescription,”  Indiana   norms and expectations.
                                                                                                   University medical profes-   “It’s unreasonable to say,
                                                                                                   sor  Dr.  Aaron  Campbell    ‘If this one policy doesn’t
                                                                                                   wrote  in  The  New  York    reduce obesity, it’s a fail-
                                                                                                   Times in 2015.               ure,’ because the chanc-
                                                                                                   But  some  individual  stud-  es any one policy will do
                                                                                                   ies  have  found  effects.   that are incredibly small,”
                                                                                                   Some  Stanford  University   says Dr. Christina Roberto,
                                                                                                   business  professors’  2010   a  University  of  Pennsyl-
                                                                                                   examination  of  over  100   vania  health  policy  pro-
                                                                                                   million Starbucks purchas-   fessor  who’s  worked  on
                                                                                                   es found that menu post-     several  studies  on  menu
                                                                                                   ings trimmed the calories    calorie counts.
                                                                                                   in  customers’  orders  by   “We don’t even have the
                                                                                                   an average of 6 percent,     best data yet. And I think
            In this Aug. 24, 2017 photo, a deli worker helps a customer with a selection of prepared foods at a   from 247 to 232.  there  are  a  lot  of  com-
            Whole Foods Market, in New York.                                                       In  another  example,  a     mon-sense reasons to do
                                                                                  Associated Press   2013 study in Seattle and   it,” she says.q
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