K M is right. Whatever the flaws of the current "don't ask, don't tell" regime, if caloric numbers are mandated under the new ordinance, it seems to me that we'll be looking at a new set of issues. Any calorie figure is bound to approximate the average calorie count for a standard "portion" prepared in the standard manner (i.e., not factoring in dressing on the side or hold the mayo).
There would still need to be some statutory standardization of portion size (or required disclosure of the portion used for a calculation) or we'd have the same problem we have with candy bars: 350 calories per serving, and it turns out the bar has three servings. Like we've ever shared a candy bar with three people!
On the lawsuit front, if McDonald's can be sued for failing to disclose that hot coffee is hot, then I absolutely expect diehard public interest groups (and perhaps the occasional individual looking to get rich quick) to sue under this ordinance if there's a private right of action. And if there's only a public right of action, then there likely aren't enough inspectors available to enforce the law.
In my view, they would get more compliance and less hassle by taking a different route here--rather than trying to ban bad behavior, they should incentivize good behavior by providing discounts on the cost of restaurant permits, etc. for restaurants that post the caloric content of their foods in their menus and on their websites and by providing such restaurants with a special certificate they could place in their windows and use in their advertising.
Sometimes a carrot works better than a stick. Fewer calories too!
