Beware the Diet Police

New York has its share of super-intelligent residents. There are prominent physicians, astute business people, outstanding educators . . . the list goes on. Sadly, the New York City Board of Health seems convinced that the minds of these upstanding citizens turn to Jell-O when forced to choose between french fries or a fruit cup.

Last month a federal judge upheld a regulation requiring chain restaurants with at least 15 outlets nationwide to post calories on menus and menu boards. The judge believes that the regulation will help the city achieve its goal of reducing obesity.

I disagree. Adults make decisions about what to eat every day. Clearly, we don’t all make the best decisions, but I don’t think that seeing the caloric information alongside menu items will hold the amount of sway officials are hoping for. Their attempt to prompt change is well-intentioned, but wedging legislation between chain restaurants and waistlines isn’t going to make a difference.

Like most decisions relating to health, a resolution to change one’s diet is typically fueled by something more weighty (pun intended) than a city regulation. And, for those who have specific nutritional needs, the number of calories in a chicken sandwich is just one small piece of the pie. What about sodium? Sugar? Protein?

I really think it amounts to little more than dieting by guilt. Will you choose the fried chicken, mashed potatoes and biscuit for 900+ calories or opt for a grilled chicken salad at less than 350 calories? If you’re standing in front of the menu board, seeing the numbers in black in white may make you think twice. But is that really going to have a measurable effect on the more than half of all New Yorkers who are overweight or obese? More likely, they’ll finish up the salad and make a beeline to the hot pretzel vendor on the corner – who is exempt from displaying calorie counts.

Which brings me to another point: it’s not fair to single out chains. Should I assume that the creamed spinach and twice-baked potato at Frankie & Johnny’s are better for me because this famous restaurant doesn’t need to provide caloric chapter and verse? I can’t help but think that this regulation could prompt unintended consequences. We all know someone who counts calories religiously: What happens if the actual calorie count is higher than what was on the menu board? Lawsuits are just waiting in the wings.

What gets lost in the regulatory crockpot is that chain restaurants have been providing nutritional information in a variety of formats for years — even via text messaging. Executives at these companies are advocates for choice and are going out of their way to provide health-conscious consumers with options. If only our regulators believed in personal responsibility rather than dietary policing.