[Congressional Record Volume 164, Number 24 (Wednesday, February 7, 2018)]
[Extensions of Remarks]
[Page E150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             COMMON SENSE NUTRITION DISCLOSURE ACT OF 2017

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                       Tuesday, February 6, 2018

  Ms. JACKSON LEE. Mr. Speaker, I rise in opposition to H.R. 772, the 
so-called ``Common Sense Nutrition Disclosure Act of 2017,'' which 
would deprive American consumers of the full benefit of the Menu 
Labeling Rule promulgated by the Food and Drug Administration scheduled 
to go into effect on May 7, 2018.
  The Menu Labeling Rule provides consumers with nutritional 
information on the foods they purchase which is critically needed given 
rates of obesity and diabetes at crisis levels across the country.
  Mr. Speaker, more than two-thirds of adults and one-third of children 
are considered to be overweight or obese.
  Additionally, on average, Americans consume roughly one-third of 
their calories, and nearly half of their total food spending, on food 
prepared outside the home.
  For this reason, access to nutritional information at the point of 
sale is an important tool for consumers to make informed nutrition 
decisions.
  Unfortunately, H.R. 772 will undo the important progress made to 
implement federal menu labeling standards and will lead to consumer and 
industry confusion.
  Consumers deserve transparency and industry deserves certainty, and 
the bill will lead to less of both.
  Specifically, I oppose the bill because it:
  1. Increases consumer confusion and allows deceptive portion sizes;
  2. Removes consumer's right to information regardless of the location 
of purchase;
  3. Removes the American people and the FDA's ability to ensure 
compliance; and
  4. Delays needed transparency and undoes years of work by the FDA.
  Current law requires menu boards to display calorie information for 
foods in portions that people would realistically be expected to eat.
  However, H.R. 772 would permit establishments to display misleading 
calorie counts, such as by listing a single sandwich as ``4 servings.''
  H.R. 772 removes the requirement that menu labeling be available at 
all points of purchase.
  In a business sells 51 percent of sales online, restaurants would not 
be required to provide nutritional information to the remaining 49 
percent of consumers.
  Consumers should not lose access to nutritional information based on 
where they decide to purchase their meal.
  This bill removes the responsibility of businesses to certify they 
remain compliant with menu labeling requirements and shields 
establishments from any civil lawsuits for noncompliance.
  This removes important tools to hold businesses accountable and 
ensure Americans receive the transparency they want and deserve when 
eating out.
  Since 2010 when menu labeling requirements were placed into law FDA 
has worked extensively with stakeholders to enact the law in a manner 
that works for both consumers and businesses.
  Most recently, in November 2017, FDA published additional guidance to 
help answer remaining questions related to compliance and ensure all 
covered establishments have the tools they need to comply.
  H.R. 772, however, would require FDA to expend significant resources 
to revise the final menu labeling rule, leading to extensive delays and 
greater confusion given that many businesses have already begun 
implementation of the menu labeling requirements as they currently 
stand.
  Under H.R. 772, changes to menu labeling requirements would make 
access to information on menu labels more difficult for consumers.
  Americans must be able to know what is in their food to make healthy 
choices.
   Mr. Speaker, I strongly support the final rule enacted by the Food 
and Drug Administration.
  It was the result of a deliberate multi-year process that included 
input from officials in the food industry, government and public 
health.
  This bill is unnecessary as the FDA's recent guidance already 
addresses the bill's concern.
   Chain food service establishments have had years to prepare for 
compliance with the requirements.
  Many of these establishments have already changed their menus in 
anticipation of the May 5, 2018 deadlines.
   The May 7, 2018 deadline is actually the third extension of previous 
deadlines, dating back to December 1, 2016.
   Consumers must be able to have all available information to make 
informed, healthy choices for themselves and their families.
  I urge all Members to vote against this ill-advised and anti-consumer 
measure.

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