MENU LABELING LAW

Effective January 1, 2011, the Vermont law known as Act 128 required that restaurants that are part of a chain with 20 or more locations in the U.S. and offer substantially the same menu items clearly and conspicuously disclose on their menus and menu boards the number of calories contained in each standard menu item. This requirement is the same as under a new federal law, and it is enforceable by the Attorney General. Additional requirements—such as a “calorie benchmark” disclosure—may be forthcoming from the FDA in 2011. Restaurants that do not comply with Act 128 may be liable for civil penalties of up to $10,000 per violation under the Vermont Consumer Fraud.

Questions about menu labeling compliance should be directed to Assistant Attorney General Elliot Burg at eburg@atg.state.vt.us.