State bans trans fats at eateries

Governor signs law targeting artery clogger

By Jennifer Davies and Penni Crabtree

UNION-TRIBUNE STAFF WRITERS - San Diego, California

July 26, 2008

Here's the skinny: Trans fat's days are numbered at California restaurants.

Gov. Arnold Schwarzenegger signed legislation yesterday banning the artery-clogging substance in the state's restaurants starting in 2010 and from all baked goods by 2011.

Though some cities, such as New York, Philadelphia and Seattle, have enacted bans on trans fats, California becomes the first state with such a law.

The ban comes after a steady drumbeat of studies showing trans fat, which is used in foods ranging from french fries to cookies, can raise levels of bad cholesterol and lower good cholesterol, leading to hardened arteries and heart disease, and contributing to diabetes.

The ban was the result of a bill introduced by Assemblyman Tony Mendoza, D-Artesia, which passed the Assembly last year and cleared the state Senate earlier this month. Violations of the ban could result in fines of $25 to $1,000.

Anti-trans-fat crusader Stephen L. Johnson, founder of bantransfat.com and the attorney who sued Kraft and McDonald's over the issue, was jubilant.

“It's like winning the Super Bowl and the World Series all in one day,” Johnson said.

The ban will have a ripple effect far beyond California because it doesn't make economic sense for restaurant chains to use different types of oils in different regions, Johnson said.

“California is so big and so important that you can't have twin supplies,” he said. “It's kind of the end of the road for trans fat.”

Michael Jacobson, executive director of the Center for Science in the Public Interest, said that “great big sucking sound you hear” is the sound of partially hydrogenated oil leaving the American food supply.

The national watchdog group petitioned the U.S. Food and Drug Administration in 2004 to require restaurants to list menu items that contain trans fat, but the federal agency has not acted on it. In 2006, the FDA began requiring manufacturers of processed food to list trans fat on labels.

Bob Goldin, executive vice president of Technomic Inc., a restaurant consulting firm, said that many of the largest restaurant chains such as KFC and Taco Bell already have moved to trans-fat alternatives, such as soy-based oils or a blend of canola oil.

Trans fat mostly comes from partially hydrogenated oil, which is formed when liquid oils are treated with hydrogen to turn it into a solid form, helping increase its shelf life.

In the past, opponents of trans-fat bans have argued that it would be too costly, that there wasn't enough supply of alternatives and that using different oils would affect the taste of foods.

Goldin said those concerns have turned out to be unfounded. The cost difference is negligible, and the trans-fat alternatives provide comparable taste, he said.

“It shouldn't be that big of a hardship,” Goldin said.

When New York City announced its ban, it was met with resistance. But the ban's final phase went into effect June 30 with little fanfare from the city's restaurants.

Daniel Conway, spokesman for the California Restaurant Association, said the group was confident that its members would be able to comply with the ban. Although the association opposed the bill, it has no plans to challenge the law.

“It's important to note that this was something the industry was already doing,” Conway said.

Restaurants have begun eliminating trans fats because of increased consumer demand, said Bob Sandelman, president of market-research firm Sandelman & Associates. It surveyed 600 fast-food customers last year and found that 72 percent were somewhat or very concerned about trans fat.

George Hunter, chief operating officer of Pat & Oscar's Restaurants, said the San Diego-based chain of 19 family-style restaurants switched to trans-fat-free products two years ago.

“We were hearing a lot of buzz about trans fat from guests and vendors, and we wanted to stay ahead of the curve – even in an environment that sells some pretty crazy breadsticks,” Hunter said.

After trying different oils and tinkering with recipes, Pat & Oscar's found alternatives to trans fat for about 10 menu items that once contained them, including breadsticks, salad dressings and potato wedges.

“On some items it cost us a little more money to make the switch, but those items have come back in line as more trans-fat-free products came on the market,” Hunter said. “And the feedback from customers has been very positive – so many thank-you cards, so many e-mails.”

Last August, San Diego-based Rubio's Restaurants completed its conversion to using zero-trans-fat canola oil for cooking all menu items in its 182 locations.

Rubio's spent a year testing numerous zero-trans-fat oils, said Linda Duke, a company spokeswoman. Canola oil was chosen because it did not detract from the flavor of menu items, most notably its signature fish taco.

And while San Diego-based Jack in the Box still has several menu items that contain trans fat – including its Sourdough Ultimate Cheeseburger, with 4.5 grams of trans fat – the fast-food chain is testing alternatives at some of its restaurants.

“We will certainly comply with any legislation passed regarding this issue,” said Kathleen Anthony, a spokeswoman.

Some critics argue that restaurants will resort to using coconut or palm oils and even lard, which are less than healthy, and that consumers will equate trans-fat-free with lower calories and better nutrition.

Jacobson said the argument that alternative fats and oils also pose health risks, potentially substituting one problem for another, is a “red herring.”

“All the evidence says trans fat is the most harmful fat in the food supply,” Jacobson said. “You can substitute anything and it's an improvement – even butter.”

Goldin agreed, saying trans fat should be banned from the food supply.

“This is not one of those cases where Big Brother is being unreasonable,” he said.

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Highlights

What's new: California will be the first state to ban trans fats in restaurants and bakeries under legislation signed by Gov. Arnold Schwarzenegger.

Deadline: The measure requires restaurants to quit using trans fats by January 2010, and for bakeries to follow suit one year later.

Health hazard: Trans fat can raise levels of bad cholesterol and lower good cholesterol, leading to hardened arteries and heart disease, and contributing to diabetes.

Penalties: Violators of the ban would be subject to fines ranging from $25 to $1,000.

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