Healthy Kids’ Meal Beverage Ordinance
What is the Healthy Kids' Beverage Ordinance?
The Healthy Kids’ Meal Beverage Ordinance is a law passed by the New Orleans City Council that went into effect on January 1, 2023. The ordinance is part of an effort to address childhood obesity and chronic disease rates.
The ordinance requires restaurants that sell children’s meals to make the default beverage one or more of the following:
- Water: unflavored, unsweetened and uncarbonated
- Milk: plain, pasteurized cow’s milk with no added caloric sweeteners, low calorie sweeteners, or flavoring. Must be nonfat or 1% milk. Any non-dairy alternatives must contain no more than 130 calories per container and/or per serving
- 100% Fruit Juice: 6.75 oz or less with no added sugars
Requirements
This ordinance applies to all restaurants within Orleans Parish.
New restaurants applying for a certificate of occupancy must submit their children’s menu for review as part of their OneStop application. If they will not sell a children’s meal, they must submit a menu attestation form.
No restaurant is required to sell a children’s meal. If a children’s meal is sold, no restaurant is required to offer a beverage with the meal.
Violations
Restaurants found to be in violation of the ordinance will be subject to:
- First violation: restaurant will be provided additional education on compliance.
- Second violation: a formal warning will be issued.
- Third and subsequent violations within one year: Fines of up to $200.
Why does this ordinance matter?
The American Heart Association recommends no more than 25 grams of sugar per day for kids 2 or older. Consuming lots of added sugar can raise the risk of dental decay, diabetes, and weight gain for children. As a community, we have an opportunity to improve the long-term health of our younger residents.
FAQ
Does a restaurant need to remove beverages not defined as default beverages from the children menu?
Yes. Restaurants must remove all beverages that are not plain water, 100% fruit juice and low fat milk from their kid's menu or kid's section. Only these 3 options are permitted on on printed menus, digital menus, or menu boards.
Can a restaurant still sell soda with a children meal upon request?
Yes. The ordinance does not prohibit a customer from ordering an alternative beverage instead of default beverage listed in childrens menu, and does not prohibit the restaurant from honoring the substitution.
Can a restaurant put soda somewhere else on the menu?
Yes. Soda and other non-default beverage options can still be listed on the regular menu, just not with the children meal or on the children's menu. If a children’s menu is offered, the restaurant should list options for 100% fruit juice, low fat milk, and plain water.
Are restaurants required to sell children's meals or include a drink?
No and no. Restaurants can choose to not sell a children's meal option. If they do sell a children's meal, they can choose to sell it without any drinks.
Can a restaurant list "your choice of beverage" with the children's menu?
Yes, as long as the printed menu clarifies that the choices available are low-fat milk, 100% juice, and water. A generic "your choice of beverage" wording with no beverage options specified is not compliant, even if the person taking orders is trained on what the default beverages are. General words like "juice and milk" are also not compliant. Restaurants should specify that the milk is low-fat or non-fat, and that the juice is 100% juice.
Who can I reach out to for assistance?
Please email chronic disease@nola.gov with any questions or concerns.
Additional Resources
Complaints
To report violations of this ordinance, complete the following form.
If provided, name and contact information will only be used to contact the complainant to provide information on follow up actions taken by the New Orleans Health Department.