Trans fats battle reaches New York restaurants

Proposed by the city's Health Department and passed by the Board of Health on Tuesday, the initiative would require all restaurants and food service outlets to remove most trans fats from their cooking over an 18 month period.

The proposal, which has been applauded by consumer groups and health advocates, allows restaurants six months to switch to oils, margarines and shortening that have less than 0.5 grams of trans fat per serving. After 18 months, all other food items would need to contain less than 0.5 grams of trans fat per serving. Packaged food items still in the manufacturer's original packaging when served would be exempt.

Trans fats first came into the public eye in 2003, when a lawsuit filed against Kraft Foods for the trans fat content of its Oreo cookies resulted in the firm reformulating its trademark product. Since then, increased public awareness and new federal regulations requiring manufacturers to label the trans fat content of their products have resulted in a mass reformulation effort throughout the food processing industry.

But the battle surrounding trans fats, which have been linked to an increased risk of heart disease, has since moved into the foodservice sector.

The foodservice was first challenged on this issue in 2003, when McDonald's was sued for reneging on its promise to reduce the amount of trans fats in its oils. The action resulted last year in an $8.5m settlement.

And in June this year, a lawsuit was filed against Kentucky Fried Chicken (KFC) for its use of undeclared trans fats.

The current New York City Health Department proposal will now enter a period of public comment, and will then go to a public hearing before the Board of Health meets again to make a final decision on its enforcement.

"New Yorkers are consuming a hazardous, artificial substance without their knowledge or consent,"​ said the city's Health Commissioner Dr Thomas Frieden, who put forward the proposal.

"Trans fat causes heart disease. Like lead in paint, artificial trans fat in food is invisible and dangerous, and it can be replaced. While it may take some effort, restaurants can replace trans fat without changing the taste or cost of food. No one will miss it when it's gone"​

If enforced, the rule would very likely mark a precedent for a foodservice that will ultimately be unable to avoid addressing the trans fats issue.

Indeed, according to Stephen Joseph, the Californian attorney who successfully sued both Kraft and McDonald's over their use of trans fats, the next step in the nationwide trans fats awareness campaign will be to target restaurants.

"The packaged food industry has already had to deal with the consequences of labeling, and this has been very effective in guiding consumer choice in supermarkets,"​ he told FoodNavigator-USA.com earlier this year.

But the trans fats avoided through packaged goods are being consumed at restaurants, where there is still no guidance, and through products such as baked goods, which are not labeled, he explained. So a primary focus in Joseph's ongoing war will be the foodservice sector and the baked goods industry, where he aims to achieve "disclosure"​ of the presence of trans fats.

Another proposal announced at this week's meeting of New York City's Board of Health would require all restaurants that currently make available calorie content for standardized menu items to list calories on menus and menu boards. This is designed to make published calorie information immediately accessible to consumers before they order, rather than placing it in brochures, on the internet, or on food wrappers or tray liners, said the Health Department.