Another hidden gift inside the Affordable Care Act: mandatory calorie labeling for many restaurant menus. Walter Olson comments on the complications and potential unintended consequences of such a mandate.
My new Cato podcast: the new FDA calorie labeling rules apply to not-so-big chains (20 +) of grocery stores and amusement facilities as well as restaurants, and make it less likely that servers and local managers will manage to vary from rigidly standardized recipes, menu listings and portion sizes based on knowledge of their local customers, temporary availability of attractive ingredients, and so forth. That won’t matter much for food servers who already design their offerings in a lab, but spells trouble for those whose offerings are more localized or unpredictable (earlier). Coverage by Ed Morrissey of what the scheme would mean for a 21-unit pizza chain is linked here.
In January, David Boaz commented on the parallel vending machine calorie label mandate:
In my experience, vending machines shuffle their offerings fairly frequently. If the machine operators have to change the calorie information displayed every time they swap potato chips for corn chips, then $2,200 [per operator per year] seems like a conservative estimate of costs. But then, as Hillary Clinton said when it was suggested that her own health care plan would bankrupt small businesses, “I can’t be responsible for every undercapitalized small business in America.”
More: Baylen Linnekin. And Julie Gunlock recalls her own days working in a supermarket deli. Goodbye, making up prepared salads in single-serving containers from whatever produce happened to be in overstock at the time. Hello, food waste!
The remorselessly paternalistic British Medical Journal now prints an article urging that government take action against salty varieties of cheese such as Roquefort and Halloumi [Guardian; picture credit Wikimedia]
Nor, the complaint adds triumphantly, is Chobani yogurt even “made by Greek nationals.” It’s made in New York! Also, it’s too sweet and not very natural. [ABA Journal]
We warned at the time that the ill-conceived Food Safety Modernization Act (FSMA) of 2011 would tend to choke off many non-industrial food sources. Now the FDA, interpreting FSMA as part of its regulatory process, is moving to ban the aging of cheese on wooden boards, a process that dates back thousands of years and has been practiced safely by many of the world’s finest cheese makers. The agency apparently intends to apply the same standard to imported cheese as well, which means that in addition to devastating artisanal cheese producers in this country, the move would cut off Americans’ access to large numbers of classic European cheeses, many of which, like Comte and Reblochon, “are required to be aged on wood by their standard of identity.” [Jeanne Carpenter, Cheese Underground (Wisconsin); Matt Spiegler, Cheese Notes]
Our coverage of FSMA, including its many-sided impact on traditional and artisanal farm and food practice, is here.
More: “Old guy in the cell: What are you in for? New guy in the cell: I aged cheese on wooden boards.” [Scott Greenfield] Plus: William Watson, Cato; Greg McNeal, Forbes, on the legalities including an apparent shift in the FDA’s earlier stance approving wood board aging]
Update June 11: agency backs down.
Last fall the editors of the Vermont Law Review were kind enough to invite me to participate in a discussion on food and product labeling, part of a day-long conference “The Disclosure Debates” with panels on environmental, financial, and campaign disclosure. Other panelists included Christine DeLorme of the Federal Trade Commission, Division of Advertising Practices; Brian Dunkiel, Dunkiel Saunders; George Kimbrell, Center for Food Safety; and David Zuckerman, Vermont State Senator and Farmer, Full Moon Farm.
Aside from my own segment above, you can find links to the other segments here. Plus: Environmental Health (VLS) summary of above panel.
“The cupcake has always been a gentrifying force … you could get a huge mass of people to participate in a reactionary endeavour if you dressed it up in nice, twee, cupcakey imagery, and persuaded everyone that the brutality of your ideology was in fact a form of niceness.” — Tom Whyman for Critical Legal Thinking, Guardian “Comment Is Free”, my Tweet h/t @Ben_McGinnis.
The internet has lit up with the story of the 20-year-old, 92-lb. history major who says she’s been battling the Yale administration over its pressure on her to eat more. [New Haven Register]. Although much of the press coverage seems unaware of the issue, it would not be surprising if changing legal pressures on universities played a role here. Efforts both regulatory and liability-driven have been under way to hold universities accountable for not preventing student suicides, and as a result, many campuses have seen a shift toward more interventionist, rules-driven policies designed to show that the institution was not standing idly by when it knew or had reason to know of early signs of self-harm. (Our file on the topic goes back a decade.) If the list of self-harm behaviors includes eating disorders, you might have a formula for interventions in which very skinny students are placed under pressure to prove they are not anorexic. Evaluating cases like the current one, of course, is difficult for outsiders because of HIPAA and other privacy laws which broadly prohibit the sharing of health-related information, even on topics of public concern.
Oops: after years of imperious public-health hectoring, government intervention, and even visions of mass tort suits, it seems the science isn’t so settled after all. [Telegraph, NPR, CBC, earlier]
“As part of trade talks, the European Union wants to ban the use of European names like Parmesan, feta and Gorgonzola on cheese made in the United States.” Having achieved some success in negotiations with Canada and Central American nations, Europe may seek to restrict marketing of U.S.-made cheeses such as Asiago, fontina, Muenster, and Neufchatel.
And it may not be just cheese. Other products could include bologna, Black Forest ham, Greek yogurt, Valencia oranges and prosciutto, among other foods.
No word on renaming French fries. [AP]