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Case 1:07-cv-05710-RJH Document 6-3 Filed 06/18/2007 Page 1 of 5
I Vice President 8 GWI 

Ride Col6n 

May 17, 2007 

Commissioner Thomas Friedman 

NYC Department of Health and Mental Hygiene 

Bureau of Food Safety and Community Sanitation 

253 Broadway Street, CN 59A, 13'" Floor 

New York, NY 10007 

Attn: Calorie Labeling Proposals 

Dear Commissioner Friedman, 

On behalf of the New York Metro Region, we present for your approval our proposed 

approach to comply with the section 81.50 of the New York City Health Code on calorie 

labeling. 

Your meeting of March 5, 2007, with representatives of McDonald's and other members 

of the National Restaurant Association, clarified alternative means for making caloric 

information available to patrons. After careful review of these options with our New York 

owner-operators, restaurant operations, nutrition and merchandising experts, we 

propose two approaches tone for in restaurant, one for the drive-thru) which we believe 

meet your requirements. Artwork is attached in this email, with specific reference in the 

letter to the various artwork exhibit examples, and actual size reproductions are being 

sent to you via overnight delivery. 

Information in Context 

Our proposed formats further the philosophy of McDonald's Nutrition Information 

Initiative, which is grounded in research by The Hartman Group and the International 

Food Information Council Foundation (IFIC), that: 

· Customers benefit from a broader nutrition context when making menu choices 

· Nine out of 10 consumers are unable to provide an accurate estimate of their 

recommended daily caloric intake. 

McDonald's USA has worked to address this consumer education need through an 

innovative new approach featured in our nutrition information. In addition to the Nutrition 

Labeling and Education Act (NLEA) Nutrition Facts Panel, the nutrition information we 

display on our product packaging uses non-language specific dependent icons to 

represent the five elements experts agree are most relevant to consumer understanding 

of nutrition - calories, protein, fat, carbohydrates and sodium. 

Case 1:07-cv-05710-RJH Document 6-3 Filed 06/18/2007 Page 2 of 5
17, 2007 Page 2 

Un~~~n~ing d~:M~~~/~N~ti~~__-~ 

::::::::I:~ :i.- ;:· 

2396 460 -IP~ei~ ~i 

·-rep~~~~irrd 48016 

243 

TPi~C~hidr~ 37g 

120mg 

a 

This unique chart was created to convert the language of science into a more easily 

understood picture that is understood by all. This allows customers to anchor their food 

choices to the broader context of the recommended daily values for a 2,000-calorie diet. 

Our proposed New York City 

signage approaches list both 

calories and their percentage 

against the recommended 2,000- 

calorie diet, as pictured in this 

specially created legend. 

170' 

Customers will also be instructed on all materials 

of the need to add up the caloric content of their 

menu choices to understand the total caloric 

content of their meal. 

Following this approach, our proposed signage mechanisms will then work 

synergistically with our already aggressive nutrition reporting campaign on packaging, in 

restaurant brochures, on trayliners and other out-of-restaurant sources. 

With that as background, let's look specifically at our proposed McDonald's formats for 

communicating caloric information in our 254 New York City restaurants. 

in-Restaurant Sianase 

We believe that to effectively deliver the caloric information you want conveyed to 

customers we need to present it in a more dedicated format along with the reminder that 

more complete information, on all nutrients, is available as well. 

Case 1:07-cv-05710-RJH Document 6-3 Filed 06/18/2007 Page 3 of 5
17, 2007 Page 3 

Our proposal is to bundle together two different mechanisms (Exhibit A) to convey 

caloric information at key points during this decision-making path (Exhibit B) in concert 

with our existing nutrition information materials: 

1. Counter Mat (Exhibits C1 and C2) -- As the customer approaches the front 

counter, a permanently displayed mat at each cashier/order station provides 

caloric information at the actual point of purchase. Mats are 10" x 14" and will be 

flipped over between breakfast items and lunch/dinner items each day. Counter 

mats are already located in 94% of our New York City restaurants and have 

become a primary ordering method for all non-English speaking customers to 

confirm their choice. 

2. Menu Board Reminder (Exhibit D)- When the customer looks to the menu board 

they are reminded that complete nutrition information is important when making 

their choice and available in a nearby brochure and on the trayliner at the counter. 

Our research shows that customers on average spend 30 seconds in reviewing available 

signage at the front counter and on menu board when making their menu choices. 

These points of contact provide adequate presence of caloric information if desired. 

Combined with the availability of our existing Nutrition Facts Brochure, complete nutrition 

information on each trayliner and labeled packaging, these five in-restaurant 

communications vehicles create a robust learning environment in our 254 New York 

City restaurants beyond the expectations outlined in Health Code section 81.50 (Exhibit 

E). Through repetitive exposure, our customers will know where to expect nutrition 

information to be available and in what format it will be displayed...thus leading to it 

being used more effectively. 

Drive-Thru Si~nane 

Drive-thru menu boards already seek to convey too much information. For customers to 

have time to contemplate caloric information, especially in the fast paced drive-thru 

setting, it would be more effective to present it in a separate format while they are 

waiting in line prior to their order. 

We propose a stand-alone permanent sign placed in advance of the actual menu board 

in the drive-thru lane (Exhibit Fl. The separate, free-standing sign (20" x 59") dedicates 

significantly more space to present caloric information on our standard menu items. 

Menu items have been grouped by category, in the fashion that a customer 

contemplates choices, and presented in a defined column that makes it easier for the 

eye to identify comparisons. 

These signs will be placed at our 91 New York City restaurants with drive-thru service 

(Exhibit G). We need to stress that we, like all restaurant companies participating in this 

effort, may need your help in facilitating any required zoning or permit approvals to 

construct new exterior signs. To secure approvals and arrange for production, 

construction and possibly even electrical needs for lighting, may take us longer than July 

1 to put in place. 

Prices are not included in these dedicated reporting vehicles because we can not dictate 

how our independent owner/operators price menu items. As you've probably already 

heard from the large, multi-unit restaurant companies, it is impossible for us to produce 

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17, 2007 Page 4 

one single set of materials which list a consistent price. Plus, we believe that it is more 

productive to separate nutrition and price information at point-of-purchase 

communications. This allows for full consideration of nutrition information by the 

consumer, who needs to understand its relevance, independent of price. 

So in conclusion, we propose a multi-level approach that we believe effectively meets 

the desired goal of Health Code section 81.50 and creates a synergistic effect at these 

different teachable moments in the restaurant. It's an approach which aligns more 

effectively with the way we know customers processes information to make menu 

decisions. We take it a step further by providing context on what the caloric information 

means in relation to a recommended daily diet. And, we remind people of the need to 

access and understand complete nutritional information when making menu choices. 

We hope you are pleased with McDonald's proposed approach and would be eager to 

review it in person. We would appreciate your written acceptance of these presentation 

methods by May 21, so that we can begin production of these materials and education of 

our crew. 

In anticipation of your feedback, I would like to reiterate our belief that Health Code 

section 81.50 can only work in the best interests of New Yorkers if it is required of all 

New York City restaurants, not the limited few who have already committed to 

transparency in nutrition information. 

Sincerely, 

~L;IIC~L~ 

Rick Colon 

Vice President, General Manager 

New York Metro Region 

McDonald's USA LLC 

105 Eisenhower Parkway, 3'd Floor 

Roseland, NJ 07068 

(973)287-1446 

(973) 287-1512 Fax 

Attachment - Proposal Artwork 

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