Understanding the Regulatory Gap for Third-Party Apps
For health-conscious consumers, ordering food from delivery platforms like DoorDash can be a guessing game without crucial nutritional information. The primary reason for the missing calorie data stems from a gap in federal regulations surrounding food delivery services. While the Food and Drug Administration (FDA) has clear rules for physical and digital menus directly controlled by restaurants, the same mandates do not explicitly apply to third-party delivery services.
The FDA's Menu Labeling Rule
In 2018, the FDA finalized a rule as part of the Affordable Care Act that requires restaurants with 20 or more locations to disclose calorie counts for standard menu items. This rule applies to menus displayed in restaurants and on their own websites and apps. For many years, however, there was a lack of clarity regarding how this rule applied to the rapidly growing market of third-party delivery apps, leading to inconsistent enforcement and compliance. The FDA's late 2023 guidance reinforced this loophole, effectively making nutritional labeling on third-party apps a voluntary practice for restaurants, not a mandatory one.
Restaurant Responsibility and Data Transfer Problems
Even with some large chain restaurants being mandated to provide nutritional information, the process of transferring that data accurately and consistently to third-party platforms like DoorDash is a major bottleneck. DoorDash and similar services typically provide the tools for restaurants to upload and manage their menu data, including nutritional facts. However, many restaurants fail to do so, either due to a lack of resources, technical complexity, or simply choosing not to prioritize it. A study by the Center for Science in the Public Interest (CSPI) found that while 94% of top 75 restaurant chains had calorie counts on their own websites, only 58% of their menus on DoorDash included this information.
Challenges for Independent and Small Restaurants
For smaller, independent restaurants, the challenge is even greater. The federal regulations only apply to chains with 20 or more locations, meaning local and single-location eateries are not required to disclose calorie information at all. This results in the vast majority of smaller restaurants on DoorDash having no nutritional data available, as there is no incentive or regulatory requirement for them to provide it.
The Push for Consumer Transparency
Consumer advocacy groups, including the CSPI, have been actively petitioning the FDA to issue clearer guidance that would close this regulatory loophole and hold restaurants accountable for providing calorie information on all their 'menus on the internet,' including those on third-party apps. Their argument is that as more consumers shift their ordering habits to these platforms, access to nutritional information should not be dependent on where the menu is viewed. They highlight that having this information readily available has been shown to help consumers make healthier choices. The ongoing pressure from these groups and consumer reports suggests that more consistent labeling may eventually become a reality.
How to Find Nutritional Information for Your Order
Until regulations change, consumers need to take extra steps to find the nutritional facts for their DoorDash order. Here are some proactive tips:
- Check the restaurant's website directly: The most reliable way to find accurate calorie information is to visit the restaurant's official website. Chain restaurants, especially those with 20+ locations, are legally required to have this information posted clearly.
- Search for menu and nutrition facts online: Use a search engine to look up the restaurant's name followed by "nutrition facts" or "menu calories." Many national chains have dedicated nutrition pages.
- Estimate with similar items: If you can't find specific information, find similar menu items from a chain restaurant to get a general idea of the calorie range. This isn't perfect, but it can provide a useful estimate.
- Look for 'lighter' options: Many restaurants offer clearly labeled diet-friendly or lower-calorie sections on their menus, which can provide a safer bet even without explicit calorie counts.
A Comparison of Calorie Information Availability
| Aspect | On a Restaurant's Own Website/App | On Third-Party Delivery Apps (e.g., DoorDash) |
|---|---|---|
| Regulatory Requirement | Mandatory for chains with 20+ locations. | Not explicitly mandated, depends on FDA guidance interpretation. |
| Data Control | Directly controlled and managed by the restaurant. | Restaurants must voluntarily provide data to the platform. |
| Information Consistency | Generally high consistency and accuracy. | Highly inconsistent, with many restaurants failing to provide the data. |
| Consumer Effort | Very low, information is readily available. | High, requires external search or estimation. |
| Impact on Small Businesses | Small businesses are not required to provide this info. | Same for third-party apps; small businesses are exempt from the regulation. |
Conclusion
The lack of consistent calorie information on DoorDash is not a technical issue with the platform itself, but rather a reflection of regulatory ambiguity and low compliance from restaurants. While federal law requires large chain restaurants to disclose this data on their own websites, the transfer to third-party apps is inconsistent at best. Consumers should be aware of this regulatory loophole and take proactive steps by checking restaurant websites directly to make informed dietary choices. The future may see stronger consumer protection regulations, but for now, the onus remains on the end user. For more on the efforts to change this, read the CSPI's press release calling on the FDA for clearer rules.
