New York law to ban large sugary drinks fizzles out
Source: Agencies |
March 13, 2013, Wednesday
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Print Edition
Print Edition
A JUDGE struck down New York City's pioneering ban on big sugary drinks on Monday just hours before it was supposed to take effect, handing a defeat to health-minded Mayor Michael Bloomberg and creating confusion for restaurants that had already ordered smaller cups and changed their menus.
State Supreme Court Justice Milton Tingling said the 16-ounce (half liter) limit on sodas and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them.
"The loopholes in this rule effectively defeat the stated purpose of this rule," Tingling wrote in a victory for the beverage industry, restaurants and other business groups that called the rule unfair and wrong-headed.
Bloomberg, who has championed the ban as a novel measure for fighting obesity, vowed to appeal the decision.
"We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal," Bloomberg said. He added: "One of the cases we will make is that people are dying every day. This is not a joke. Five thousand people die of obesity every day in America."
'Nanny state' law
For now, though, the ruling means the ax won't fall on supersized sodas, sweetened teas and other high-sugar beverages in restaurants, movie theaters, corner delis and sports arenas.
The drinks limit follows other efforts Bloomberg has made to improve New Yorkers' eating habits, from compelling chain restaurants to post calorie counts on their menus to barring artificial trans fats in restaurant food to prodding food manufacturers to use less salt. The city has successfully defended some of those initiatives in court.
The big drinks ban - the first of its kind in the US - has sparked reaction from city streets to late-night talk shows, celebrated by some as a bold attempt to improve people's health and derided by others as another "nanny state" law from Bloomberg during his 11 years in office.
The city has also won fights over outlawing smoking in bars and offices, and has promoted breast-feeding over formula. Last week, the Bloomberg administration announced a campaign to warn young people they risk hearing loss from cranked-up earphones.
Links to weight gain
Because of the limits of city authority and exemptions made for other reasons, the ban on supersized beverages doesn't cover alcoholic drinks or many lattes and other milk-based concoctions, and it doesn't apply at supermarkets or many convenience stores.
In defending the rule, city officials point to the city's rising obesity rate - about 24 percent of adults, up from 18 percent in 2002 - and to studies tying sugary drinks to weight gain. Care for obesity-related illnesses costs government health programs about US$2.8 billion a year in New York City alone, according to city Health Commissioner Dr Thomas Farley.
Critics said the measure is too limited to have a meaningful effect on New Yorkers' waistlines. And they said it would take a bite out of business for the establishments that had to comply, while other places would still be free to sell sugary drinks in 2-liter bottles and supersized cups.
"The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban," the American Beverage Association and other opponents said, adding that the organization is open to other "solutions that will have a meaningful and lasting impact."
State Supreme Court Justice Milton Tingling said the 16-ounce (half liter) limit on sodas and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them.
"The loopholes in this rule effectively defeat the stated purpose of this rule," Tingling wrote in a victory for the beverage industry, restaurants and other business groups that called the rule unfair and wrong-headed.
Bloomberg, who has championed the ban as a novel measure for fighting obesity, vowed to appeal the decision.
"We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal," Bloomberg said. He added: "One of the cases we will make is that people are dying every day. This is not a joke. Five thousand people die of obesity every day in America."
'Nanny state' law
For now, though, the ruling means the ax won't fall on supersized sodas, sweetened teas and other high-sugar beverages in restaurants, movie theaters, corner delis and sports arenas.
The drinks limit follows other efforts Bloomberg has made to improve New Yorkers' eating habits, from compelling chain restaurants to post calorie counts on their menus to barring artificial trans fats in restaurant food to prodding food manufacturers to use less salt. The city has successfully defended some of those initiatives in court.
The big drinks ban - the first of its kind in the US - has sparked reaction from city streets to late-night talk shows, celebrated by some as a bold attempt to improve people's health and derided by others as another "nanny state" law from Bloomberg during his 11 years in office.
The city has also won fights over outlawing smoking in bars and offices, and has promoted breast-feeding over formula. Last week, the Bloomberg administration announced a campaign to warn young people they risk hearing loss from cranked-up earphones.
Links to weight gain
Because of the limits of city authority and exemptions made for other reasons, the ban on supersized beverages doesn't cover alcoholic drinks or many lattes and other milk-based concoctions, and it doesn't apply at supermarkets or many convenience stores.
In defending the rule, city officials point to the city's rising obesity rate - about 24 percent of adults, up from 18 percent in 2002 - and to studies tying sugary drinks to weight gain. Care for obesity-related illnesses costs government health programs about US$2.8 billion a year in New York City alone, according to city Health Commissioner Dr Thomas Farley.
Critics said the measure is too limited to have a meaningful effect on New Yorkers' waistlines. And they said it would take a bite out of business for the establishments that had to comply, while other places would still be free to sell sugary drinks in 2-liter bottles and supersized cups.
"The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban," the American Beverage Association and other opponents said, adding that the organization is open to other "solutions that will have a meaningful and lasting impact."
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