[Congressional Record Volume 155, Number 74 (Thursday, May 14, 2009)]
[Senate]
[Pages S5522-S5523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Kennedy, Mrs. Gillibrand, and Mr. 
        Reed):
  S. 1048. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
extend the food labeling requirements of the Nutrition Labeling and 
Education Act of 1990 to enable customers to make informed choices 
about the nutritional content of standard menu items in large chain 
restaurants; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. HARKIN. Mr. President, I rise to introduce a bill, the Menu 
Education and Labeling Act, on behalf of myself and my colleagues, 
Senator Kennedy of Massachusetts, Senator Reed of Rhode Island, and 
Senator Gillibrand of New York.
  It is by now well established that poor diet and obesity, as well as 
related conditions such as heart disease, have reached epidemic levels. 
The majority of the U.S. population is either overweight or obese. The 
incidence of type II diabetes has reached levels not even imaginable 20 
years ago, with some research suggesting that one in three children 
will develop the disease by adulthood.
  There is no single solution to this complex issue of poor nutrition 
and diet related diseases. Policymakers looking for a silver bullet 
will be disappointed. But inaction is not an option. We must start 
taking meaningful steps to address this growing problem by giving 
people the tools necessary to live healthier lifestyles. That is why my 
colleagues and I are introducing this bill today to extend nutrition 
labeling beyond packaged foods to include foods at chain restaurants 
with 20 or more locations, as well as food in vending machines. This 
common-sense idea will give consumers a needed tool to make wiser 
choices and achieve a healthier lifestyle. It is a positive step toward 
addressing the obesity epidemic.
  In 1990, Congress passed the Nutrition Labeling and Education Act, 
NLEA, requiring food manufacturers to provide nutrition information on 
nearly all packaged foods. The impact has been tremendous. Not only do 
nearly three-quarters of adults use the food labels on packaged foods, 
but studies indicate that consumers who read labels have healthier 
diets.
  Unfortunately, when Congress first passed the NLEA, it excluded 
restaurants from any labeling requirements. Since that time, 
restaurants have become more and more important to Americans' diet and 
health. Americans consume a third of their calories and spend half of 
their food dollars at restaurants at the very time when nutrition and 
health experts say that rising caloric consumption and growing portion 
sizes are causes of obesity. We also know that when children eat in 
restaurants, they consume twice as many calories as when they eat at 
home. Consumers say that they would like nutrition information provided 
when they order their food at restaurants, yet, while they have good 
nutrition information in supermarkets, at restaurants they can only 
guess.
  In recent years, some states and cities have led the way on menu 
labeling. New York City has already implemented a menu labeling 
initiative that requires the disclosure of calories on menus and menu 
boards at chain restaurants. Consumer surveys show that

[[Page S5523]]

the residents of New York are enthusiastic about the initiative. The 
experience in New York has also underscored the feasibility and 
practicality of the endeavor. Despite earlier concerns about 
implementation, the vast majority of restaurants in New York City 
complied with the law quickly and without incident. Those with 
particular challenges were assisted by the New York City Health 
Department to enable them to comply with the law.
  But New York City is not the only such initiative. Other cities such 
as Philadelphia, Seattle, Portland, and San Francisco have followed 
suit. Just last fall, the State of California became the first State in 
the Nation to enact a statewide menu labeling law, and Massachusetts 
became the second yesterday. Clearly there is not only a public health 
rationale for menu labeling, but consumer demand as well.
  As I already stated, I harbor no illusions that any one policy will 
turn the tide on obesity and poor diet in our country, but if we are 
ever to reorient our society and our health care system in the U.S. 
away from treatment and towards a stronger focus on prevention, we must 
build prevention into the very fabric of society. We must provide 
consumers with the tools and the support that they need to make the 
healthy choice the right choice. The MEAL Act is one means by which to 
accomplish that goal, and I urge my colleagues to join me in supporting 
this important legislation.
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