New York City large-soda ban blocked by judge

 

Michael Bloomberg: "We're confident that today's decision will be reversed"

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A court has blocked a ban on the sale of large sugary drinks - including soda - from restaurants in New York City, a day before the law was to take effect.

Judge Milton Tingling ruled that the measure was "arbitrary and capricious", after industry groups sued the city.

The law would forbid the sale of drinks larger than 16 ounces (473ml) in food-service establishments.

Mayor Michael Bloomberg said the judge was "totally in error" and has vowed to appeal against Monday's ruling.

He has touted the ban as a way to reduce obesity. Research suggests that 58% of adults in New York are obese or overweight.

'Sigh of relief'

In his ruling, Judge Tingling wrote that loopholes in the law "effectively defeat the stated purpose".

The American Beverage Association, which is leading the fight against the ban, welcomed the decision.

New York resident: "I feel it should be up to the individual and not the mayor to dictate something like this"

"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," it said.

The law would apply to places serving food, ranging from pizzerias to sports stadiums and cinemas, though not at supermarkets or stores.

The measure was approved in September by the city Board of Health to come into force on 12 March, with fines of $200 (£134) not to be levied until June.

The judge ruled that the Bloomberg-appointed board had strayed into legislative territory that should belong to the elected City Council.

Mayor Bloomberg responded to the ruling by telling a news conference: "We think the judge is totally in error in the way he interpreted the law and we are very confident that we will win on appeal.

"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," he added.

 

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  • rate this
    -1

    Comment number 298.

    So, if this was to battle obseity, would the shops still have been able to sell a 2l bottle of DIET fizzy drink?

  • rate this
    +1

    Comment number 297.

    People are brainwashed to follow what the corporates tell them to through ridiculous advertising campaigns. Conditioning at its best ! If the big cigarette, guns and soft drink conglomerates had a license to sell drugs, they would advertise it as healthy and "cool" too and no one would do anything about it. They will hire the finest lawyers in the land to get rid of any law that challenges them !

  • rate this
    -1

    Comment number 296.

    In reply to 32.

    Your health is not the job of corporates it is your resposibility. You might as well blame cars, for all those that die on the roads, rather than their drivers.

  • rate this
    0

    Comment number 295.

    One has to laugh, drugs are banned, their going to ban guns, now their going to ban oversized drinks. It's a revenue scam people are people they will choose what they like, putting a ban on a large drink would only force them to but double but at the higher price.

  • rate this
    +4

    Comment number 294.

    BIG BUSINESS, BIG BUCKS more so when someone affects their bottom line! Lobbying, perhaps? Or perhaps a lobbying of a different nature? The truth is, no matter what your merchandising any real morals connected to it don't apply aka tobacco, alcohol, soft drinks.....All three spend billions advertising their products! Heres a thawt, JUST BAN ADVERTISING!

  • rate this
    +1

    Comment number 293.

    277.powermeerkat
    8 Minutes ago
    "What is the mayor doing about donuts etc? Are they non-fattening?"




    And what about triple-deckers with large fries?

    Or , on the other side of the spectrum Chateubriand in Bernaise sauce?


    +++

    How many donuts would the cost of the Chateaubriand & sauce buy?

  • rate this
    +1

    Comment number 292.

    82.clairepagan

    Yes fat people cost the NHS but so do drug addicts. No campaign against them is there? ... Fat people can't hide, therefore a nice, easy target. And you call us lazy.
    ----
    No campaign against drug addicts? Well, not if you choose to ignore the fact that they are sent to prison if caught in possession of drugs. When was the last time someone was locked up for being overweight?

  • rate this
    +5

    Comment number 291.

    The biggest problem about obesity is that there are a lot of people who are fat but in denial of the basic facts, other than that there are just a lot of incredibly thick fatties out there!

  • rate this
    +2

    Comment number 290.

    Interviewees ardently told reporters the gov should stay out of their business theyre adults and can make their own choices, decisions. OK fine. When you need a crane to take you out of your home to treat your morbid obesity, crying like a child dont expect that gov to waste its resources, medicine, doctors on you because as you put it so clearly.. You knew what you were doing.

  • rate this
    +1

    Comment number 289.

    Those who dismiss this by saying people will just buy more small cups to compensate are ignorant of the statistics and research behind this. Most people buy snacks in single units - 1 bag, 1 can etc. By making a single unit smaller, they consume less. It really is as simple as that.

    But hey, lets just deny science and side with the big junk food companies eh?

  • rate this
    +3

    Comment number 288.

    Rather than ban anything, consumers need to be better informed. For example, I love that Greggs/KFC amongst others now have the calorie count of the dishes on the menu.

    I can have a treat, but I know how it will impact my calorie intake for that day. And it makes me think twice about ordering large!

  • rate this
    +3

    Comment number 287.

    Restuarants in NY (and US in general) tend to offer free refils for fizzy drinks. This is probably a bigger issue that the size of the container they come in. The issue here though is about personal responsibility. It shouldn't be the states job to stop you getting fat!

  • rate this
    -1

    Comment number 286.

    Difference between large and medium Coke at McDonalds is about 80 calories - the difference between a large and a medium fries is 120 cals (McDonalds' US nutrition tables)

    So politicians decide to ban the Coke, but allow the fries? Legislation based on ignorance is bad legislation.

    And what's to stop someone buying two medium Cokes instead of a large? So instead of 280cals, they get 400!

  • rate this
    +2

    Comment number 285.

    @275 If people are too stupid to heed warnings... then when they become ill it is their own lookout.

    >>That is a bit harsh. We must do what we can to make it easier for people to be sensible.

    Banning large size drinks means people will buy 2 small ones!

    >>Some will, but not everyone. Those who don't will have been helped by this measure to control their calories.

  • rate this
    +4

    Comment number 284.

    I went to America to visit friends a few years ago. My friend bought a drink from a petrol station and decided to go for a supersize, which was 64oz (that's almost 2 litres). This was a serving in a single cup with a straw, intended for one person, yet it probably contained around 200g of sugar. Should that really be allowed?

  • rate this
    +1

    Comment number 283.

    Shows Coca-Cola and the others in their true colours, doesn't it. Anything to sell drinks, even if it kills people...

  • rate this
    -1

    Comment number 282.

    Why would anyone be "harmed" by a ban on stupidly large portions of harmful sugar solution? The only "harm" would come to the pockets of a small number of very rich people. Just another reminder that in the US, cash comes before anything - even saving lives. Let's keep that sort of thinking on that side of the Atlantic.

  • rate this
    +3

    Comment number 281.

    To those simply jumping on the corporate bandwagon I think you missing the point. If you were to order a pizza for example for your family, instead of getting a 2lt bottle to share you would have to order individual drinks for everyone costing more and creating more waste. This is nothing more than a headline grabber and would have very little impact on its stated purpose.

  • rate this
    +3

    Comment number 280.

    If judges worldwide used common sense and a moral code, big business and other criminals would not be making such a mess of this world. The law is just a tool for criminals.

  • rate this
    0

    Comment number 279.

    Ive been laughing all day at the staggering ignorance of pple in NYC. Watching reports off this ,interviews with NYers only highlighted the dim attitude and paranoia of pple there. Darn gov isnt going to tell me what to do. We are adults, we can make our own decisions. For goodness sake, look around you, look at yourself. You obviously dont or simply dont care.

 

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