Richard Berman
2007-10-23 07:00:00.0
Current rank: Not ranked

BALTIMORE -

From Atkins to Weight Watchers, South Beach and the Zone Diet, there is a plethora of trendy weight-loss programs from which to choose. Can’t decide? Don’t have the time or desire to count calories or carbs? Don’t worry. The Montgomery County Council will choose for you if it supports bill 19-07, scheduled for debate in early November.

Councilman George Leventhal’s bill — the latest quick-fix diet scheme proposed in the name of public health — assumes that consumers can’t tell the difference between french fries and fruit cups. It would require restaurants to turn their menus into encyclopedias, featuring long lists of nutritional warnings next to every item. For most of us, a back page of fat-and-calorie endnotes would suffice. But Leventhal, who incorrectly believes it will encourage better eating habits, would rather force consumers to suffer through the informational equivalent of an ice-cream headache before ordering lunch.

Nutrition activists have already tried and failed at the knowledge-equals-behavior approach. In the early 1990s, they pushed the government to mandate nutrition information on grocery items, but healthier eating habits didn’t follow. Most people who reported using “Nutrition Facts” to fill their shopping carts were the people who already considered themselves health conscious.

Proponents often cite studies based on focus groups or questionnaires. These data come from asking individuals — in front of several other people — what items they would likely order from labeled and unlabeled menus. Not surprisingly, most publicly boast that they would certainly select the lowest-calorie food.

While people talk a big game in phone surveys and focus groups, few Americans change their eating behavior when faced with a nutritional profile of their food. In the real world, studies show that meal selection is primarily influenced by factors like smell, taste, texture, hunger, cravings, time and convenience — not diet facts.

Besides, the bill only targets restaurants with standardized menus and 10 or more locations. This excludes most of Montgomery County’s restaurants, including stands, sports arenas and white-tablecloth establishments. And last month, a federal judge struck down New York City’s version of bill 19-07, ruling that it conflicted with federal authority. So menu-labeling diktats aren’t just silly. They’re also illegal.

Restaurant-industry officials who spoke out against Philadelphia’s version of bill 19-07 gave the City Council another reason to ignore the bill: It’s completely impractical. Their complaints ranged from the heavy costs of testing the food and reprinting menus to the floodgate of lawsuits that would pour in from customers who ate two more carbs than the amount printed.

So why is Councilman Leventhal ignoring this losing track record?

Love handles don’t distinguish between the calories from a butter-drenched lobster tail and those from fast-food fruit parfait. So if the intent of the legislation is truly to focus on people’s weight, it shouldn’t make a distinction either.

While anyone with an IQ above room temperature knows the difference between a bucket of fried chicken and a mixed green salad, most restaurants provide nutrition information anyway. Dieters and picky eaters can already find nutrition facts on posters, brochures, Web sites and 1-800 numbers.

There’s a huge difference between personal responsibility and dietary paternalism. Legislators and nutrition activists want to turn personal meals into public affairs, wedging legislation between you and your waistline. Under the new law, calorie counts for every item will be plastered across menus, whether you want them or not. And this will have unintended consequences.

A growing chorus of researchers is cautioning regulators about the collateral damage of programs similar to menu labeling. During the same time that health officials have placed increasing emphasis on obesity rates, the incidence of eating disorders has nearly tripled. As Sen. Hillary Clinton put it, “many adolescents misinterpret [the fight against obesity] as a message that they should eat to achieve the body of a runway model. Anorexia and bulimia are increasingly common among our nation’s youth.”

Americans should still have a right to guilt-free eating.

Richard Berman is executive director of the Center for Consumer Freedom, a nonprofit coalition supported by restaurants, food companies and consumers working together to promote personal responsibility and protect consumer choices.