Yes, New York City became the first city in the United States to ban the use and spread of trans fats in fried foods in December 2006. Foods are not permitted to contain more than 0.5 grams of trans fat per serving.
Section 81.08 of the New York City Health Code is the city ordinance that bans trans fats in non-fried foods, for example, baked goods. This requirement had to be met by July 2008.
Restaurants are required to provide health inspectors with labels for all of the products in their pantries. This includes showing the amount of trans fats as well as whether or not the product is merely stored or is used for cooking.
This ordinance does not apply to packaged foods that are already labeled by the manufacturer and served directly to customers. The city assesses fines between $200 and $2,000 to enforce this ordinance.
In addition, a trans fat violation may be posted on the health department’s website. New York City reports that nearly all of its 25,000 restaurants have been compliant since 2006.
- These ordinances have not been challenged in court, as it would be difficult to convince a jury that the profit margin of a restaurant outweighs the health risks. The ban on trans fats has moved across the state by county but remains on the local ordinance level in counties and cities. These include Westchester, Albany, Buffalo, and Nassau.
If an individual has any questions about the trans fat ban in New York City, they should consult with a local New York attorney.
What Are Trans Fats?
If an individual has ever eaten frozen pizza, microwave popcorn, or a cookie, the chances are that they have already consumed trans fats. Trans fats, or trans fatty acids, are created by a process that is called hydrogenation.
During the hydrogenation process, manufacturers add hydrogen to vegetable oil. This process transforms that oil into a solid fat and increases the shelf life of certain foods, such as those noted above.
- By this process, cheaper vegetable oil may be made into mini butter or lard. Therefore, it provides a chewy crispness to food that is traditionally made with butter or lard, such as cookies, french fries, and fried chicken.
The artificially thicker oil in this form clogs arteries. Studies have demonstrated that a 2% increase in trans fats could cause a 25% increase in the likelihood that an individual will develop heart disease.
Unfortunately, trans fats are some of the worst types of fats that individuals can consume. Trans fats increase the risk of:
- Heart disease;
- Diabetes;
- Other types of medical conditions which may affect the individual’s blood vessels and cholesterol levels.
In fact, trans fats are considered so dangerous to an individual’s health that certain states, such as California, have banned food services and manufacturers from adding them to foods in that state. Almost ten years after California banned the use of trans fats in the state, the United States Food and Drug Administration (FDA) began placing nationwide restrictions on food manufacturers with the hopes that they could prevent the rising number of consumer deaths which were caused by the consumption of foods that contain trans fats.
What Is the History of Trans Fats?
Stephen Joseph, a San Francisco public interest lawyer, educated himself regarding the dangers of trans fats in 2003, which was, at that time, a little-known term. He then believed that his father had passed away, in part, due to a steady diet of margarine as well as other trans-fat foods.
At the time, these types of foods were believed to be healthy because they were low in fat. Based on these beliefs, Joseph sued Nabisco.
Joseph requested an injunction or a court order requiring a party to cease certain conduct, prohibiting Nabisco from using trans fats in their Oreo cookies. California permits lawsuits against manufacturers if a product has a hidden danger that is not commonly known by most individuals in the community.
Additionally, Oreos are marketed to children who are never expected to know about trans fats. Shortly after Nabisco was served with the complaint, media coverage or the lawsuit forced the company to comply with the injunction.
Joseph quickly dismissed the lawsuit. Following these events, worldwide public awareness of trans fats has exploded, causing manufacturers of processed foods to voluntarily reduce the use of trans fats in their products.
The legal lesson from this situation is that public interest lawsuits generate publicity that can have far-reaching domino effects. Stephen Joseph also sued McDonald’s in 2003 after the company announced in 2002 that it would reduce the trans fats in its oil.
McDonald’s never took this step and did not inform the public of the decision not to follow through with its announcement. McDonald’s, however, did end up agreeing to reduce its usage of trans fat.
Joseph subsequently brought lawsuits against other fast food chains across the country as well, such as Burger King and KFC. As a result, the majority of fast food chains, for example, Taco Bell, Wendy’s, and Starbucks, are developing and using new oils that are low in trans fats.
California and New York City have placed bans on the use of trans fats in restaurants.
Are There Labeling Requirements for Trans Fats?
The United States Food and Drug Administration (FDA) issued regulations that altered the Nutrition Facts label on packaged food products in 2003. As of January 1, 2006, manufacturers of food are not required to list the trans fat content on their nutrition labels.
This federal labeling rule, however, allows a manufacturer to list zero (0) if the product contains less than ½ of a gram of trans fat per serving. Therefore, a product may still contain small amounts of shortening or partially hydrogenated vegetable oil, which shows 0 trans fat.
In addition, no percentage of daily value (%DV) is listed because trans fats have no known nutritional value. This federal labeling rule is an example of how a government agency can publish rules and regulations that have the force of law even though Congress has not voted on those rules or have been signed into law by the president.
These types of rules, however, must be based upon existing statutes or laws over which the agency is granted authority. In addition, the public must be given notice of the proposed rule so they may object before the rule is issued.
Additionally, agencies such as the FDA do not make these rules without first conducting research. In this case, the FDA relied on studies from multiple agencies to reach a decision, including:
- The National Cholesterol Education Program;
- The Institute of Medicine;
- The National Academies of Science.
The FDA will also collaborate with other governmental entities, such as the U.S. Department of Health and Human Services (HHS) and the United States Department of Agriculture (USDA), to create a rule that best benefits the health of individuals. Scientific reports indicate that the consumption of trans fats increases the levels of bad cholesterol and causes coronary artery disease.
Trans fats may be found in:
- Shortening;
- Cookies;
- Crackers;
- Fried foods;
- Snack foods;
- Other processed foods that are made with partially hydrogenated oils.
Do I Need an Attorney?
If you or someone you love has been injured as a result of consuming trans fats, it may be helpful to consult with a New York liability lawyer. Your lawyer can advise you regarding the regulations on trans fats in your area and the possible legal steps you can take to receive compensation.
