State Sen. Alex Padilla (D-Pacoima) disagrees. The author of the menu-labeling legislation believes government has a legitimate interest in food-related health issues because of how poor diet affects health and, by extension, state and federal budgets.
"As long as we have an obesity epidemic and a health crisis in our communities there is a role for government to play. The debate comes over how much is too much and how much is too little," Padilla said.
Menu labeling gives people the information to make healthful eating decisions, he noted, but it doesn't tell people how to eat or limit options.
Jacobson said there was already evidence that increased food regulation was paying off.
Just two years ago Harvard University medical school researchers estimated that artificial trans fats -- from partially hydrogenated oil -- caused 72,000 to 228,000 heart attacks annually in the United States.
Jacobson said that number was already dropping as cities and states started to ban trans fats and restaurants and food producers moved to remove them from their offerings.
In July, California became the first state to require restaurants to cook without trans fats. The law requires restaurants to use oils, margarines and shortening with less than half a gram of trans fats per serving by Jan. 1, 2010, and applies the standard to deep-fried bakery goods by Jan. 1, 2011.
Menu labeling is another trend. Some health advocates believe that if people see the amount of calories, fat and salt in meals before they order them, they gravitate to more healthful selections.
Gov. Arnold Schwarzenegger signed legislation in September requiring chain restaurants in California to display calorie counts with each menu item. It was the first state law of its kind in the nation but won the support of the California Restaurant Assn. because it standardized requirements and preempted local ordinances in Santa Clara and San Francisco.
The new law applies to restaurants with 20 or more locations in California, about 17,000 eateries. Beginning July 1, they must provide brochures with the number of calories and grams of saturated fat for each item. Starting Jan. 1, 2011, all menus and menu boards will have to include the number of calories for each item.
Other cities have different approaches. New York requires the posting of calories, whereas Seattle requires listing calories, sodium, saturated fat and carbohydrates.
Although many cities and states like the local autonomy, the National Restaurant Assn. is pushing federal legislation that would end local rules and increase flexibility, said Dawn Sweeney, CEO of the group.
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jerry.hirsch@latimes.com
