Happy Meals in Santa Clara County might not be as happy after
county supervisors voted 3-2 to outlaw toys linked to unhealthy
meals at restaurants in unincorporated areas.
Happy Meals in Santa Clara County might not be as happy after county supervisors voted 3-2 to outlaw toys linked to unhealthy meals at restaurants in unincorporated areas.
It’s a symbolic piece of legislation to fight childhood obesity proposed by Board President Ken Yeager – fewer than 100 restaurants, all in unincorporated areas, will be affected and fewer than 10 actually offer toys with meals. Gilroy City Council members reached this week fervently opposed the ordinance, but its distinction as the first ban in the United States of toys connected to unhealthy children’s meals has garnered national attention.
“It’s the wrong approach to the solution. The solution is to educate parents,” said Supervisor Don Gage, who voted against the ban along with George Shirikawa. “A 3-year-old shouldn’t be in charge of the family, or making decisions on what to eat. The issue is making people aware.”
The problem of obesity is real, he said, but he takes issue with the approach.
“Put your money where your mouth is and do education – teach children when their young,” Gage said.
Restaurants that sell toys as “rewards for buying foods that have excessive calories” will be penalized with a $250 fine that will increase up to $1,000 for excessive infractions. Public health officials will have jurisdiction over enforcing these laws and Yeager responded that if places like McDonald’s or Burger King receive bad publicity – since the fines are minor – then his message is effective. The ordinance will allow for toys to be offered with healthier meals.
“We hope that other municipalities, counties and states will follow suit in helping to level the playing field for parents by passing similar ordinances,” Yeager said.
However, Gilroy City Council members this week expressed no interest in implementing a similar ordinance.
“I think it was one of the goofiest things I’ve ever read,” Councilman Dion Bracco said of the supervisors’ decision. “We’ve got some serious problems, and toys in foods isn’t one of them.”
Most parents know that fast food is not healthy, Bracco said. He felt that it is not the job of the government to tell parents what to feed their children.
Gilroy Councilman Peter Arellano, a physician who is running for county supervisor, said he believed the ordinance was “well-intentioned” but ultimately missed the mark.
“Children do not walk into McDonald’s – it’s the parents who take them through the drive-through,” he said.
On the other hand, he said he would support preventing local restaurants from serving trans fats, although he said the council has higher priorities right now. He also believes health warnings should be placed on place mats to help educate parents.
Similarly, Councilwoman Cat Tucker said she favored menu labeling at local restaurants and educational material for parents, but thought the Board of Supervisors decision was “way over the top.”
“I think it hinders businesses more than it will help the target of childhood obesity,” she said.
“Concerning this particular ordinance, parents tell us they want to have the right to make their own decisions,” according to a statement from McDonald’s. “Our customers are smart, and they will continue to make choices that are right for them.”
No McDonald’s will be affected by the ordinance.
“Happy Meals are right-sized for kids, a concept that has not changed since its introduction in 1979. We are offering small Chicken McNuggets or a small hamburger; a small drink choice, including low-fat white milk and a choice of small fries or Apple Dippers,” the statement read.
The ordinance outlines the caps for unhealthy meals for children: More than 120 calories for a beverage, 200 calories for a single food item, or 485 total calories for a meal.
The closest fast-food restaurant to South County that cannot sell toys with unhealthy meals is Burger King on Race Street in San Jose. No businesses in unincorporated South County sell meals with toys.
Before becoming law, the ordinance must be read again May 11 at the board’s meeting and then a 90-day grace period will follow. Restaurants are given the opportunity during that time to offer alternatives to the ban but that also meet the goal of linking toys to healthier meals.
Yeager drew upon other laws that require children to wear seat belts or helmets when they ride bikes, for example, when asked if the government was meddling in the private sector.
“The government acts all of the time to help the health and wellness of children,” Yeager responded.
Restaurants affected in South County
MORGAN HILL
– Coyote Creek Golf Course
– Coyote Valley RV Resort Market
– Ernie’s Bar & Baja Grill
– Thousand Trails Kitchen
SAN MARTIN
– Clos La Chance
– Cordevalle Golf Club restaurant and snack bar
– El Pato Loco
– San Martin Cafe
– San Martin Lions Club
GILROY
– Castroville Corners
– Pacific Dining at Gavilan College
– Picnic Grove
– San Juan Grill
– Eateries in Gilroy Gardens
Jonathan Partridge contributed reporting to this article.
