A Covered Establishment must provide three pieces of information on menus themselves (calories, the Succinct Statement, and the Statement of Availability),77 and make the required additional nutrition information available upon request.78 To date, regarding calories for Internet menus, FDA has only stated that: If electronic menus or menus on the Internet meet the definition of a menu in the menu. [...] And for the additional nutrition information available upon request, FDA has only stated that this information needs to appear “on the premises”80 of a Covered Establishment, and not on the menu itself, and noted: “if a consumer orders from an Internet menu, a covered establishment could provide the written nutrition information on its Web site or include a link directing the consumer to a Web sit. [...] Certification The undersigned certify, that, to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petition relies, and that it includes representative data and information known to the petitioners which are unfavorable to the petition. [...] Each of these writings is a “menu” of McDonald’s meeting the “primary writing” test because each lists (1) the Big Mac’s name and image; (2) the Big Mac’s price, and (3) a consumer can make an order selection to buy a Big Mac while viewing the name/image and price by clicking the “Add 1 to cart” button on Uber Eats, the “Add to Order” button on DoorDash, or the “Add to bag” button on Grubhub. [...] This writing is a “menu” meeting the “primary writing” test because it (1) lists the name and image of the pizza, (2) the price of the pizza, and (3) a consumer can make an order selection to buy the pizza while viewing the name/image and price by clicking the “Add 1 to cart” button.
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