Updated on March 26: Denver City Council on Tuesday approved a bill requiring food service establishments to offer healthy drink choices to children as opposed to bundling kid's meals with sugary drinks.
The vote passed unanimously with cosponsors Councilmembers Chris Hinds and Serena Gonzales-Gutierrez thanking their colleagues for the support.
"This is a bit about nudge legislation as in we're not taking rights away from people," Hinds said. "Instead of leading with soda or orange juice or a sugar drink, let's put on a kid's meal, let's put a healthy option like water or unflavored milk. The idea here is to nudge kids into doing the right thing. Nudge parents into helping kids do the right thing. At the end of the day if a parent wants to give their kids soda or orange juice or flavored milk, they're welcome to do that as well."
Soda and juice deals on kids meals at restaurants could become a thing of the past if City Council approves a proposal that would require businesses to pair healthy drinks instead.
On Wednesday, City Councilmembers voted to move the proposed bill out of committee and on to a full vote in the next few weeks.
Restaurants wouldn't be prohibited from selling sugary drinks to kids or prevent customers from purchasing them, but it would outlaw bundling sugary drinks with kids meals.
Unflavored milk, milk substitutes and water would still be allowed.
The idea behind the proposal is to push kids toward making healthier choices and forming better habits at a younger age, according to bill sponsors and health advocates.
“We can make sure that our kids have the opportunity to survive and thrive,” said Councilmember Chris Hinds, who is cosponsoring the bill with Councilmember Serena Gonzales-Gutierrez. “The idea is a bit of a nudge, nudging people in a way that’s best for the planet.”
If passed, sponsors estimate that the bill would affect about 400 businesses, more than half of which are chains. The ordinance would take effect on July 1, 2025.
“Health trends for Denver kids are worsening, and we need solutions that support kids getting more nutrition in their daily lives so they can grow up to be healthy adults,” said Andrea Pascual, chronic disease prevention manager with Denver Health, during Wednesday’s presentation on the bill.
Similar proposals, backed by health advocacy groups, have taken off across the state and the country.
In 2018 former Mayor Michael Hancock passed an executive order mandating that at least 75 percent of vending machines in properties owned or operated by the city meet a set of healthy nutrition standards. Elsewhere in Colorado, Lafayette, Longmont and Golden have passed similar healthy drinks in kids meals policies.
Representatives from local and national health groups involved in pediatrics, heart disease, diabetes and community health testified and wrote in support of the bill, in addition to more than 40 local endorsements from community groups and neighborhood organizations.
“The prevalence of type 2 diabetes in children has doubled over the past 20 years in the United States,” said Christine Fallabel, director of government affairs with the American Diabetes Association. “We can combat this in Colorado. Small changes in daily behavior including our diet can delay and even prevent the onset of type 2 diabetes, especially when people make these changes at a younger age.”
Some advocates framed the initiative as a racial justice issue. Studies have shown that companies spend more money targeting youth of color with ads for sugary drinks.
“The community of color has a higher risk of diabetes, and when I go to the community they always have some kind of testimony regarding a family member or themselves or a loved one who has diabetes," said Yannine Estrada with community health group ViVe Wellness in Spanish on Wednesday.
The Colorado Restaurant Association took a neutral position on the bill.
Colin Larson, government affairs director with the Colorado Restaurant Association, praised the way bill supporters engaged with restauranteurs in the city. He broadly supported the bill, but said the association was taking a neutral stance because the bill does not allow for sugar-free juices. The bill sponsors said sugar-free juices could complicate enforcement.
Larson praised the city’s decision to not count violations as a food code violation, along with the proposed timeline for changes and financial support for restaurants reprinting menus and signage.
“That’s frankly the number one concern in this ordinance is simply having time to make those changes and being able to offset any financial burden that may come with it,” he said.
Camelia Robles, who owns a number of restaurants in Denver, was part of an effort piloting healthy drinks with kids meals.
“Making a change that ensures kids can be healthy was an easy choice for us,” she said. “Making this change had no physical consequences for our business.”
Editor's Note: The headline was updated to note the passage of the proposed bill.
