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More about Wendy's
*Denying the consumer’s right to know
*The trans fat fib

*Corporate snapshot
*Evasion, public relations and litigation
*Take action
 

In the 1980’s, a popular Wendy’s ad campaign asked its competitors, “Where’s the beef?” Well, the ‘beef’ has been found, and unfortunately it’s on our bones at unsafe levels. Obesity is now a public health epidemic for children and adults, and over-consumption of fast food from restaurants like Wendy’s is a major reason.

Denying the consumer’s right to know
New York City decided to take action, requiring restaurant chains to prominently post the number of calories for each menu item. Cities and states across the country are following New York City’s lead with similar proposals. Meanwhile, Wendy’s is resisting these rules with evasion, public relations, and litigation.

Experts believe New York City’s new rules will directly translate into improving public health and saving lives. People’s buying choices are impacted when they can readily access caloric information, according to the New York City Department of Health.  Nearly three quarters of consumers say they look at calorie information on packaged foods in supermarkets, and about half say that nutrition information affects their food selections. The Health Department estimates that this regulation could reduce the number of people who suffer from obesity by 150,000 over the next five years, preventing more than 30,000 cases of diabetes. [1]

The trans fat fib
What’s more, Wendy’s announced in 2006 that it would almost entirely eliminate trans fat from its fried foods. However, according to the Center for Science in the Public Interest (CSPI), “testing done by Consumers Union in November 2006 found 2.5 grams of trans fat in a large order of fries. CSPI’s new tests in 2007 — conducted more than a year after Wendy’s announcement — found even more.”   Wendy’s performance did not live up to its promise. [2]

Corporate snapshot
Wendy's International, Inc. is a $2.5 billion company with more than 6,600 restaurants in 21 countries and territories.  Founded in 1969, and based in Dublin, Ohio, Wendy’s is the third largest burger chain in the world after McDonald’s and Burger King. Wendy’s CEO Kerrii B. Anderson pulls in a $2.62 million salary. [3]

Evasion, public relations and litigation

New York City first passed its rules in 2006, and they were to take effect in July 2007.   Wendy’s responded by exploiting a legal loophole to make them exempt from the rules.  How did they do it?   By removing from their restaurants all of the nutritional information they had already been displaying![4]  Strange, indeed, but that’s why they pay their lawyers the big bucks. 

Meanwhile, Wendy’s trade association, the New York State Restaurant Association, filed a lawsuit to block New York City’s rules and won.

But the city didn’t give up. In January 2008, it tweaked the rules to satisfy the courts. Restaurant chains with more than 15 units – Wendy’s included – must now comply with the revised rules by March 31, 2008. [5]

Wendy’s also isn’t giving up.  They now complain that the rules are unworkable given the complexity of their menu.[6]  What if a person doesn’t want ketchup with their fries?   What if they choose one salad dressing instead of another? How can their menu possibly represent all of the caloric permutations? Wendy’s website also argues, “listing a single number of calories next to each product will be misleading. Even a range of numbers can be confusing, since the range is too broad to have real meaning.” Really?  Won’t people know that a range of 300-600 is worse than 100-300?

Wendy’s will indeed need to figure out how exactly to comply. Wendy’s, however, has not, and apparently will not, act in good faith.   It’s clear they have no financial interest in reminding their customers that their food is fattening.

Take action
The Center for Science in the Public Interest  is leading efforts to challenge Wendy’s and other restaurants that are seemingly disinterested in fighting obesity. CSPI’s site also highlights other cities and states that are working to fight obesity and links you to decision-makers in those areas.

Visit their website to take action: http://www.cspinet.org/.   


[1]  New York City Department of Health.  Press Release: “Board of Health Votes to Require Chain Restaurants to Display Calories Information in New York City.” January 22, 2008.  http://www.nyc.gov/html/doh/html/pr2008/pr008-08.shtml
[2]  Center for Science in the Public Interest.  Press release: “Burger King and Wendy's Fries Flunk Trans Fat Test in New York City.” August 2, 2007.  http://www.cspinet.org/new/200708021.html
[3]  Hoover’s profile of Wendy’s Inc. as retrieved from Answers.com on March 12, 2008: http://www.answers.com/topic/wendy-s-international?cat=biz-fin
[4]  Rivera, Ray. “Wendy’s Acts to Bypass City Order on Calories.”  New York Times, March 2, 2007.  http://www.nytimes.com/2007/03/02/nyregion/02wendys.html?
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[5]  Center for Science in the Public Interest.  Press release: “New York City Board of Health (Again) Votes to Put Calories on Chain Restaurant Menus and Menu Boards.” January 22, 2008.  http://www.cspinet.org/new/200801223.html
[6]  Honan, Edith. “New York chain eateries must post calorie count.” Reuters, January 22, 2008.  http://www.reuters.com/article/topNews/idUSN2255156520080123 
 

 
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