Why restaurants should be required to provide nutritional information

Restaurateurs are cheering a New York court's decision striking down a menu law implemented by the New York Board of Health. The law required fast-food restaurants to disclose on their menus how many calories were in their meals.

The Department of Health says it is disappointed its law was overturned on a "technicality", and that it will continue to explore ways to make it easier for the consumer to eat healthy. If you've ever tried to get nutritional information in a fast-food restaurant you know how hard it can be. If you have the foresight, you can get it quickly online, but I've been in McDonald's (NYSE: MCD) locations where I was told they did not have the information available on site. Even if they do, it can be a hassle, and displaying it on the menu is the logical way to make sure consumers have convenient access to the information they need to make a decision.

The idea of New York's law was very similar to the way our securities laws are in this country: It was based on clear and compulsory disclosure, rather than subjective requirements. A public company can have O.J. Simpson and Jose Canseco as its CEO and CFO, as long as it discloses the baggage they bring. Similarly, McDonald's should be allowed to serve whatever it wants -- but consumers should be warned that they may find themselves carrying extra baggage if they order the wrong item.

It's a shame that fast-food chains want to keep their customers in the dark about nutrition, and it's unfortunate that the court has stymied the Department of Health's efforts to provide the consumer with greater information.