First they attacked smoking inside restaurants and bars, and now it's trans fats

New York City proposed banning trans fat in all food served in its restaurants, one of two public health measures to be discussed in a public hearing on October 30th. This is the specifics of the trans fat ban, according to the advocacy website BanTransFats.com:

The first initiative is a partial phase-out of artificial trans fat in all New York City restaurants. This proposal allows restaurants six months to switch to oils, margarines and shortening that have less than 0.5 grams of trans fat per serving. After 18 months, all other food items would need to contain less than 0.5 grams of trans fat per serving. Packaged food items still in the manufacturer’s original packaging when served would be exempt.

The second initiative would require restaurants that already make calorie content publicly available to also post it on their menus and menu boards commencing March 1, 2007.

(These proposals can be seen in official form at this NYC health department webpage.)

While the second initiative seems sensible to me, the first does not. How could the city regulate such a broad-sweeping law? Are there enough staff to run lab tests on all the pizza, burgers and whatever else is served in the Big Apple? So one problem is logistics. Also, loopholes about. According to The Week Magazin's interpretation of John Tierney's piece in The New York Times, "If restaurants are compelled to eliminate trans fats, they’ll just go back to using traditional, artery-clogging fats such as butter, lard, and beef tallow, which are no healthier."

Another problem is that this ban may be unconstitutional -- after all if enactd the ban impinges on people's basic right to eat what they want and to suffer the consequences. According to the NY Post, one college student said, "I mean, I'm not a healthy eater, but if I decide I want to eat bad food and gain five pounds, that's my choice... And if I die from clogged arteries, that's my choice, too!" And this position was supported by the WSJ, according to The Week Magazine's 6 October 2006 article "Trans Fat: Banned in New York."

Why does NYC's health department want to take such a drastic measure? The Week Magazine cites that "trans fats play a major role in the ongoing epidemic of obesity, heart disease, and premature death."

Dr. Thomas Frieden, MD, MPH, NYC's Health Commissioner would agree. He writes this in an essay printed by the New York Daily News.

Like lead in paint, artificial trans fat in food is a hazardous, unnecessary additive that causes serious health problems. We can act today. Or we can wait, as other cities did with lead paint, while it continues to harm thousands of people.

That's why this week, the Board of Health approved for public comment a proposal to get artificial trans fat out of our restaurants.

The case for such restrictions is clear. Our responsibility is to protect New Yorkers' health. When scientific evidence is clear and we can do something about a problem, we would be negligent not to act.

Dr. Frieden writes that it will not be difficult for restaurants to stop using trans fats, since many food items that used to be cooked with trans fats no longer are and still taste as good, like Oreo cookies.

And what is his response to the assertion that it isn't the government's business to decide on people's food habits?

Despite the overwhelming evidence, some insist that government should not be involved in curbing trans fat consumption. But that's what people thought when New York City established a safe water supply, banned lead in paint, and fluoridated our water. Each of those measures was controversial. And each of them has helped millions of people stay healthier.

If we take this step, we'll have the same wonderful variety of great-tasting food we've always had. But it will be safer, and we'll all be around to enjoy it longer.