Soda with a kid's meal? It's no longer allowed in New Orleans, as new law takes effect

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The new year has brought a change to children's fast food meals in New Orleans, as they now must come with a healthy drink, under a City Council ordinance aimed at reining in childhood obesity.

The Healthy Kids’ Meal Beverage Ordinance, passed last January, went into effect on Sunday and limits children’s meals to water, milk or 100% fruit juice as drink options.

“We know that sugar-sweetened beverages are the primary source of added sugar in the diets of children, and excess sugar intake contributes to diet-related diseases, like diabetes and heart disease, later in life,” said Jeanie Donovan, deputy director of the New Orleans Health Department.

The NOHD helped craft the rule with the support of the American Heart Association, and the department will launch a concurrent education campaign around children’s beverage choices.

“Introducing our kids to small steps towards healthier habits can be important for lifelong better health,” said Dr. Jennifer Avegno, the city's health director. “This ordinance will help ensure healthy options are the default for kids.”

Kids and parents are still able to order sugary drinks off the menu, but not as part of the kids’ meal combo.

According to former District E Councilmember Cyndi Nguyen, who supported the bill when it was passed, kids aged 2 to 4 in New Orleans have a 14% obesity rate.

“This is really about helping our young people to stay healthy, but not taking away the rights of our parents,” Nguyen said last year. “We really see this as a very simple step to educate and nudge our families towards a healthier option.”

The ordinance was delayed by nearly a year because of concerns from restaurant and beverage-industry representatives who said it will further burden businesses struggling because of the pandemic. They told the council last year that it should adopt a symbolic resolution instead.

New Orleans is joining the ranks of 40 cities and four states that have passed similar laws. Many large fast-food chains have already made the shift to healthy drinks by default, which means that the ordinance could affect mostly smaller and independently-owned restaurants.

The Health Department will be tasked with enforcement, based either on menu reviews for new restaurants or 311 complaints for existing eateries. First violations within a year will result in “additional education,” the second will come with a warning and the third will come with a $200 fine, according to the ordinance.

"This is not really a penalty ordinance, this is really about encouraging," Nguyen said last year.

Complaints related to restaurant non-compliance can be reported to the Health Department via 3-1-1, via an online complaint form, or in person at the Health Department in City Hall.

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