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Mayor proposes children’s drink ordinance that is already covered by state law

Thursday, Dec 16, 2021 - Posted by Rich Miller

* Last Friday

Gov. J.B. Pritzker signed four bills Friday that range from requiring restaurants to include milk with kids’ meals with calorie limits, to half-staff flag protocols.

Lawmakers passed several bills in October during what is traditionally fall veto session. Friday, Pritzker’s office announced four of those bills are now law. Around a dozen bills remaining on his desk. At least one could face a veto.

Among the bills Pritzker signed Friday is House Bill 3490, which says if a restaurant includes milk as a default beverage in a kid’s meal, the drink must be dairy milk and contain no more than 130 calories per container or serving. The law takes effect immediately.

* The underlined words are what was recently added to existing state law and the lined-through words were struck from existing law

(b) Notwithstanding any other provision of law, a restaurant shall, by default, include one of the following default beverages with a children’s meal sold by the restaurant:

    (1) water with no added natural or artificial sweeteners;
    (2) sparkling water with no added natural or artificial sweeteners;
    (3) flavored water with no added natural or artificial sweeteners;
    (4) nonfat or 1% dairy milk containing no more than 130 calories per container or serving as offered for sale with no added natural or artificial sweeteners
    (5) nondairy milk alternatives:
    (A) with no added natural or artificial sweeteners;
    (B) containing no more than 130 calories per container or serving as offered for sale; and
    (C) meeting the standards for the National School Lunch Program as set forth in 7 CFR 210.10; or

(6) 100% fruit or vegetable juice or juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than 8 ounces.

* I told you all that so I could point you to this

Determined to reduce childhood obesity, Mayor Lori Lightfoot moved Wednesday to stop Chicago restaurants from automatically serving kids meals with sugary, high-calorie drinks.

At a City Council meeting, Lightfoot joined City Clerk Anna Valencia in introducing an ordinance that would prohibit Chicago restaurants from serving or marketing pop and other sugary drinks as the “default beverage” with kids meals. […]

Instead, the “default” beverages on kids meals would be:

• Water or sparkling water or flavored water with “no added natural or artificial sweeteners”

• Nonfat or 1% dairy milk containing “no more than 130 calories per container or serving offered for sale.”

• 100% fruit or vegetable juice or juice combined with water or carbonated water with no added sweeteners in a serving size of no more than 8 ounces.

• “Nondairy milk alternatives” that meet National School Lunch Program standards, contain “no added natural or artificial sweeteners” and have “no more than 130 calories per container or serving for sale.”

Every beverage “listed or displayed on a restaurant menu or in-store advertisement for children’s meals” would have to be one of those “default” beverages, the ordinance states. City inspectors would make sure of it.

Hilarious.

…Adding… Illinois Beverage Association…

Earlier this year, the Illinois Beverage Association partnered with the American Heart Association, members of the General Assembly and Illinois restaurants to support legislation (Public Act 102-0529) establishing menu guidelines for children’s meals. The Mayor’s ordinance simply reflects state law that has already passed with the industry’s support. Unfortunately, Mayor Lightfoot’s team apparently was unaware of the coalition in support of the state policy when introducing their ordinance yesterday. Members of the Beverage Association are proud of their track record of offering low and no-calorie choices to consumers and support marketing guidelines for kids.

…Adding… From Clerk Valencia’s spokesperson…

Just wanted to reach out and let you know that Clerk Valencia did not join the Mayor in the introduction of legislation regarding the prohibition of sugary drinks at Chicago restaurants.

Their beef is with the Sun-Times.

       

34 Comments
  1. - Pundent - Thursday, Dec 16, 21 @ 9:33 am:

    I’d like to think that Lightfoot is being failed by staff who should be on top of these things. But when the mayor is unable to keep staff, and continues to provide more evidence of a circus like environment inside of city hall, you have to put the blame squarely where it belongs.


  2. - Leigh John-Ella - Thursday, Dec 16, 21 @ 9:33 am:

    Some of the easiest laws to pass are the ones that already exist.


  3. - moving forward - Thursday, Dec 16, 21 @ 9:34 am:

    bush league.


  4. - Montrose - Thursday, Dec 16, 21 @ 9:38 am:

    Perhaps her team could create checklist of things they should do before making a new law. Item number one could be “Check if this is already the law.”


  5. - Oswego Willy - Thursday, Dec 16, 21 @ 9:39 am:

    She’s like Burgermeister Meisterburger, but with less charm


  6. - Roman - Thursday, Dec 16, 21 @ 9:39 am:

    Second time this week we’ve seen evidence of the mayor and her team not knowing what the heck is going on in Springfield. The Tribune’s FOIA on the mayor’s texts showed she didn’t know JB had put a statewide mask mandate in place two months after he established it by executive order.


  7. - Ok - Thursday, Dec 16, 21 @ 9:42 am:

    I think this one has more to do with the Ciry Clerk / candidate.


  8. - Oswego Willy - Thursday, Dec 16, 21 @ 9:44 am:

    The thing about Lightfoot and her Crew/Staff

    They are constantly ill-prepared

    They are notoriously ill-informed

    They lack the ability to get consensus *before* rollouts and seemingly alienate folks with their *own* rollouts

    Anger and confrontation is the calling card

    Tone deaf to bigger pictures or inevitable fallout

    Pick from the menu above, this qualifies in a few


  9. - Captain Obvious - Thursday, Dec 16, 21 @ 9:54 am:

    So whole milk is now unhealthy for kids? Has to be low/no fat? Ridiculous.


  10. - Amalia - Thursday, Dec 16, 21 @ 10:03 am:

    Chicago people, what can you do about this mayor?


  11. - Bruce( no not him) - Thursday, Dec 16, 21 @ 10:04 am:

    Once again, proving that Mayor of Chicago thinks it’s not part of Illinois. S/


  12. - Deb H - Thursday, Dec 16, 21 @ 10:05 am:

    Times are way different - the only time I ever had soda as a child was when we ate out which was not a lot. I don’t have an issue with this but I think healthy eating has to start at home to be effective. I also think the nonfat portion may be a little outdated and juice should not be served at all.


  13. - cermak_rd - Thursday, Dec 16, 21 @ 10:05 am:

    Captain Obvious,

    For some children (underweight or malnourished), whole milk might be a better option, but not for all. This is about default beverages. I see no law that says parents may not order whole milk for their child.

    I am glad that the nut milks are included as an option they are far healthier (more omega 3, less saturated fat and calories.)


  14. - Bruce( no not him) - Thursday, Dec 16, 21 @ 10:05 am:

    Or…
    Pre-emptively, making laws for when Governor Bailey kicks Chicago out of his Illinois. Really big S/


  15. - Andersonville Right Winger - Thursday, Dec 16, 21 @ 10:06 am:

    Also Lori’s former top city attorney and former campaign treasurer ripped her in an op-ed piece.


  16. - Downstate - Thursday, Dec 16, 21 @ 10:08 am:

    Leigh John-Ella for the win.


  17. - Furtive Look - Thursday, Dec 16, 21 @ 10:09 am:

    Had no idea the state regulated Happy Meals. But I can see where the dairy lobby has been at work.


  18. - Frank talks - Thursday, Dec 16, 21 @ 10:10 am:

    I’m guessing they knew as it seems to be just a copy and paste deal. Totally using for her own and Valencia’s own press pop. It’ll make all the news channels without any reporter following up with “isn’t this already a law, why do you need the ordinance?”

    So as kids are getting shot all over the city and kids are increasing carjacking rates and she still isn’t testing kids in CPS like she said she would, this will help the mayor look like she cares about kids.
    Don’t look at that pay attention to this bright red bouncing ball.


  19. - low level - Thursday, Dec 16, 21 @ 10:16 am:

    They still haven’t gotten any competent Springfield / IGA people apparently


  20. - Donnie Elgin - Thursday, Dec 16, 21 @ 10:17 am:

    Yeah, Lightfoot looks silly, but the bigger issue is trying to legislate “good behavior”, menu options in Restaurants should be left to parents.


  21. - clec dcn - Thursday, Dec 16, 21 @ 10:23 am:

    Whole milk is delicious and generally good for a person depending on the person. I don’t like 1% or skim milk I get 2%. Crazy law really at least as far as the milk business seems more pressing things need attention.


  22. - Banish Misfortune - Thursday, Dec 16, 21 @ 10:24 am:

    sort of minor but I agree with those who are critiquing the no “whole milk” thing. It is a by-product of the anti fat movement.
    Ironically low fat is now considered part of the obesity problem. Fat was replaced by sugar, but is higher in calories and less filling. Go back to normal fat in food items and obesity will go down. Thank you, end of rant.


  23. - Rich Miller - Thursday, Dec 16, 21 @ 10:28 am:

    ===Once again, proving that Mayor of Chicago thinks it’s not part of Illinois. S/ ===

    Snark tag was not needed there. lol


  24. - Rob Nash - Thursday, Dec 16, 21 @ 10:33 am:

    Just want to note for the record that the Illinois Beverage Association supported the state legislation. Statement here:

    “Earlier this year, the Illinois Beverage Association partnered with the American Heart Association, members of the General Assembly and Illinois restaurants to support legislation (Public Act 102-0529) establishing menu guidelines for children’s meals. The Mayor’s ordinance simply reflects state law that has already passed with the industry’s support. Unfortunately, Mayor Lightfoot’s team apparently was unaware of the coalition in support of the state policy when introducing their ordinance yesterday. Members of the Beverage Association are proud of their track record of offering low and no-calorie choices to consumers and support marketing guidelines for kids.”


  25. - duck duck goose - Thursday, Dec 16, 21 @ 11:42 am:

    From the language of Lightford’s proposal, it certainly appears that the city is aware of the state legislation. It makes sense for a number of reasons why the city would choose to mirror the state statute. First, a separate ordinance would establish clearer lines of authority for city inspectors to issue city citations and use city enforcement procedures. Second, without knowing what the city’s current regs are, I can imagine that they want to avoid a home-rule conflict situation that could be used as a defense in a violation.


  26. - Pizza Man - Thursday, Dec 16, 21 @ 11:47 am:

    An awesome Leg/Policy team the Mayor has….I wonder about da Mayor. Can she handle the position and the crime, school, budget woes?

    Rahm has had a top-notch Springfield team reporting back daily during session.


  27. - Leigh John-Ella - Thursday, Dec 16, 21 @ 12:00 pm:

    Duck, duck, goose: I laughed so hard, state-approved nonfat milk came out of my nose.


  28. - Roman - Thursday, Dec 16, 21 @ 12:18 pm:

    As a dad who has ordered a few happy meals in my day, I’m trying to figure out how the “default” beverage thing works. I’ve never ordered a kids meal without either specifying what beverage my kid wants or being asked for a specific drink order. Do people order these meals and just take whatever random drink the drive-thru employee picks?


  29. - NonAFSCMEStateEmployeeFromChatham - Thursday, Dec 16, 21 @ 12:56 pm:

    ==(1) water with no added natural or artificial sweeteners;==

    Does it have to be Bottled Water or can it be Well or Municipal Water? Especially in areas where the quality of municipal water is a bit to be desired (Chatham, even Springfield’s CWLP water in some places and especially since early fall).


  30. - Frank talks - Thursday, Dec 16, 21 @ 1:18 pm:

    Valencia back pedals out the door. Usually it’s the mayor backing away and throwing people under the bus….so this is new.


  31. - Shytown - Thursday, Dec 16, 21 @ 2:17 pm:

    She has a Springfield D team, but she owns this and other blunders. As an executive her first question should be, are we sure this isn’t already on the books somewhere? This isn’t hard.


  32. - Dotnonymous - Thursday, Dec 16, 21 @ 2:42 pm:

    “Some of the easiest laws to pass are the ones that already exist.”

    I laughed…so hard…thank you.


  33. - Biker - Thursday, Dec 16, 21 @ 5:02 pm:

    I don’t want to get all anti-dairy, but oat milk is now available widely, and tastes decent


  34. - NonAFSCMEStateEmployeeFromChatham - Friday, Dec 17, 21 @ 8:22 am:

    ==I don’t want to get all anti-dairy, but oat milk is now available widely, and tastes decent==

    Plus Soy milk has been around for years. I first heard of it from two vegetarian college professors of mine in the late 90s. In fact, coming from a farm background I didn’t know a single vegetarian until my very first day in college, when another girl in my orientation group asked if Soy Burgers were going to be offered at the Freshman Orientation picnic (before the parents left after moving the kids into the dorms).

    Also there’s Coconut and Almond Milks, I tried the latter once (either Vanilla or Plain) but still tasted weird.

    I can only handle Lactose Free Milk anymore, and even then sometimes my stomach can’t tolerate that.


Sorry, comments for this post are now closed.


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