Dems, please read and explain this obvious govt over-reach. Re: ACA

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Unless the Trump administration takes action, the Obama-era menu-labeling rule will be enforced on May 5.  Based on my experience as a pizza restaurant franchisee in Kentucky with 10 stores employing 250 Americans, I know that more value would be produced burning the billions of dollars that the federal government wants businesses to spend complying with these useless regulations. 

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We want to be transparent and comply, making accurate calorie counts available to our customers as we have for years already.  We just want to do so in a way that makes sense for everyone, without the fear of lawsuits and criminal penalties.

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Domino’s, by then, had already been providing nutrition information online for over a year

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This resulted in four pages being written into the Affordable Care Act in 2009 requiring restaurants with 20 or more locations to provide calorie counts on their menus. 

The Food and Drug Administration (FDA) managed to take  these four pages and turn them into more than 150 pages of regulation and guidance.

FDA’s final rule mandated that pizza delivery restaurants include calories on in-store menu boards. Slight problem: More than 90 percent of orders into my stores are placed remotely. Fewer than three percent are placed using a menu board. This is equivalent to the government demanding that everyone with a phone number pay to have it published in a paper phone book despite society’s shift to using the internet to search for contact information.

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There are three other major problems with FDA’s approach.  

First, FDA changed the definition of a “menu” to include coupons, advertisements, social media posts, and other communications that in no way should be confused with a menu.

Second, the law does not protect my employees or me from frivolous lawsuits and fines in the event we fail to label a Facebook post or accidentally put too many pepperonis on a pizza such that it fails FDA’s ironically named “reasonable basis” standard. 

Beginning May 5, my employees and I could face class actions as well as civil and criminal penalties up to a fine in the thousands of dollars and/or one year in prison for violation of this standard.

Third, FDA gave my employees and me an enormous new paperwork burden.  Now we must certify, under pain of those civil and criminal penalties, that we have met FDA’s Orwellian standard.

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