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Restaurants rush to meet May deadline for calorie counts on menus

Nationwide, roughly 230,000 restaurants will fall under the menu labeling law, according to the National Restaurant Association.

If you’ve dined at Back Yard Burgers recently, you may have noticed a new menu addition: calorie counts.

The Nashville-based burger chain is among restaurants around the country preparing for the upcoming May 7 compliance deadline for long-delayed regulations requiring eateries with 20 or more locations to prominently display calorie counts.

The company first worked with a dietitian to get the nutrition information and now menu boards must be replaced at all 55 locations. Back Yard Burgers has invested more than $50,000 into the menu labeling project, CEO David McDougall said.

In Nashville, where the menus have already been upgraded, diners can see a classic burger has 580 calories, seasoned fries have 480 calories and a chocolate milkshake has 750 calories. More detailed nutrition information is on the company’s website.

“With regards to the rest of the system and our franchisees, about half of them have (upgraded menu boards) and we’re just now in the process of getting everyone up to date and we’ll be implementing for the upcoming deadline,” McDougall said.

A federal menu labeling standard has been years in the making.

In 2010, the Affordable Care Act included the labeling provision with the intention of setting one national standard rather than the patchwork laws that were sprouting up across the country. Those inconsistent requirements made it difficult for restaurants to comply and confusing for consumers, said Deborah Kotz, a spokeswoman for the U.S. Food and Drug Administration.

“Americans should not have to navigate variable information about the foods they eat when traveling from state to state — or city to city,” Kotz said.

Enforcement of the labeling rule was delayed multiple times, including a final hour postponement last year just before the expected May deadline.

In anticipation, many restaurant chains have already added nutrition information to menus and websites. Panera Bread added calorie counts to menu boards in 2010, McDonald’s started posting them in 2012, and Starbucks added them in 2013.

Nationwide, roughly 230,000 restaurants will fall under the menu labeling law, according to the National Restaurant Association.

“We have thousands of restaurants that are already labeling. … We believe more are complying than not complying,” said Cicely Simpson, executive vice president of public affairs at the National Restaurant Association.

The association has been a longtime proponent of menu labeling, particularly since Americans eat and drink about one-third of their calories away from home.

“We very much hear from a lot of our consumers and guests that they do want more transparency and information on where food is sourced from and the content of their food,” Simpson said.

For restaurant operators, compliance can be costly upfront.

Some restaurant chains hire dietitians to analyze the nutrition information, while others use a free nutrition database from the U.S. Department of Agriculture, Simpson said.

Meanwhile, menu boards can cost a few hundred dollars to replace, while upgrading to digital boards can run a couple thousand dollars. Restaurants must print new menus or change menu boards when items are added to the menu.

Vui Hunt, the founder of the I Love Juice Bar chain, said the company hired a dietitian to get full nutrition information for each menu item. The three-month project, which cost more than $30,000, required new menu boards in the company’s 45 stores.

Hunt believes consumer habits are changing and people want access to nutrition information, especially when it comes to growing allergy concerns and various diets.

“Nutrition information has always been at the forefront of customers’ minds when they purchase something. Whether it’s Juice Bar or another restaurant, people are more aware. It’s a lifestyle they choose to lead, and they want to be mindful of what they are consuming to be better in control of their health,” Hunt said.

At Back Yard Burgers, McDougall said he doesn’t believe the calorie counts on menus have significantly changed consumers’ ordering habits.

“As consumers, we’ve all kind of gotten accustomed to it, but I don’t think it’s had a detrimental effect on business. I think it just helps people make a more informed decision,” he said.

Fast-casual seafood chain Captain D’s, which is based in Nashville and has 535 locations around the country, plans to roll out updated menu boards this spring with calorie counts. The company tested menu labeling in a few markets and did not see an impact on sales, said Bob Kraut, the restaurant’s chief marketing officer.

Kotz said the FDA plans to spend the first year after the provision takes effect to educate restaurant operators and other food establishments to help them come into compliance.

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