CRA files second menu labeling lawsuit

FOR IMMEDIATE RELEASE
Contact: Daniel Conway at 916.498.7780

(SANTA CLARA – July 23, 2008) The California Restaurant Association (CRA) has filed suit against Santa Clara County to overturn its menu labeling ordinance. This is the second lawsuit the CRA has filed to overturn a local labeling mandate as the association pursues state legislation to achieve a uniform statewide standard for nutritional information disclosure.

“This lawsuit against Santa Clara demonstrates the CRA’s ongoing commitment to establishing a flexible and reasonable statewide standard for nutritional information disclosure. A patchwork of differing local ordinances such as those in Santa Clara and San Francisco would be challenging for restaurants to meet and confusing for their customers,” said Jot Condie, president of the CRA. “A flexible statewide approach to nutritional information disclosure would serve the best interests of both restaurants and their consumers.”

The lawsuit in Santa Clara Superior Court on July 22, 2008 and claims that the Santa Clara ordinance is preempted by current law. It follows a lawsuit filed on July 3, 2008 against the City and County of San Francisco, where a similar ordinance was passed in March. The Santa Clara ordinance applies to chain restaurants with 14 or more locations in California, but only applies to the unincorporated area of the county. As with the San Francisco ordinance, the local law requires posting directly on menus and menu boards and provides no protection against meritless lawsuits.

The CRA is currently working with the Governor and the state legislature to establish a flexible, statewide standard for making nutritional information available in restaurants. Recognizing that some customers wish to review nutritional information before making their selection, the CRA is sponsoring AB 2572 (Parra), which is currently which is currently awaiting hearing in the Appropriations Committee of the California State Senate.