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
    +3

    Comment number 438.

    Banning large sized sodas to prevent obesity is absurd. Americans drink far too much soda but they also consume great quantities of everything else due to our culture of gluttony. It's not the government's place to decide what portion a private business may serve nor what an American may and may not consume. We have freedom of choice in this country and sad as it is, we're choosing to be fat.

  • rate this
    +3

    Comment number 437.

    The incredible BBC bias towards all things American continues to see non stories posted as news. First, we're told sale of large sodas are banned in New York, now a man is on trial for plotting to kill his wife !!What next, updates about traffic outside Grand Central station ? A Times Sq hotdog vendor running out of Ketchup ? Such stories wouldn't be news if derived from anywhere except the USA

  • rate this
    +1

    Comment number 436.

    I hate people who try and tell me what to do. I am 58 for Gods sake will I listen, no bog off. Do gooders are really sad bad people. Probably vote for increased military spending.

  • rate this
    +1

    Comment number 435.

    The manufacturers are not to blame, they manufacture what people consume...come on...people have to be held reponsible for their own action and their own eating habits, nobody forces them to eat unhealthy, they choose, they should assume the consequences and foot the bill...the medical bill.

  • rate this
    0

    Comment number 434.

    I am so happy I do not drink coke but who does like it drink on.

  • rate this
    +2

    Comment number 433.

    "But we've known about smoking risks for decades but it only started to fall with public smoking bans"

    It isn't your duty or place to make things rise and fall generally in the population. live your own life and stop poking your unwelcome attentions into other people's

  • rate this
    -2

    Comment number 432.

    Ultimately, individuals have social and civic responsibilities. By opting to consume things that make them unhealthy, they are putting a strain on the healthcare system. Perhaps, manufacturers of sugary soft drinks, alcoholic beverages, and other things detrimental to health should be obliged to carry health warnings on their products.

  • rate this
    -2

    Comment number 431.

    @393.LucyJ

    "I will say fruit juice+healthier alternatives are much more expensive than soda"

    Wow, a bottle of water with some sugar and a few chemicals is cheaper than growing, harvesting, squeezing a load of fruit. You do surprise me.

    The world is so unfair. Someone call the Waaaambulance.

  • rate this
    -1

    Comment number 430.

    Garbage story
    bbc,damn i just wasted 30 secs of my life...,

  • rate this
    +4

    Comment number 429.

    I'll be in NY for the very first time in May.

    So glad I'll be able to buy a bladder buster whilst I'm there.
    I just wouldn't be able to experience America properly without a coke the size of my head.

    Can't wait.

  • rate this
    +2

    Comment number 428.

    i expect a lot of people will now get loaded at home before venturing out , like we do with alcohol in the uk at weekends

  • rate this
    0

    Comment number 427.

    Let's charge a fee for any obese person seeking medical assistance for related obesity deseases, given they have had a chance to loose the weight, let's say 2-3 years, then if they get sick and it's related to their glutony, then pay for it...same for smokers ( I'm one so I would pay too)...People are responsible of their own health, stop blaming everybody else and stand up!

  • rate this
    +1

    Comment number 426.

    420. I can read fine thank you. I said 'IF' I annoyed you.

    10 years ago smoking in a restaurant might have been considered ok, but now it's 'not decent'. Why is that? Possibly because the law has changed? Most people ARE probably decent, but they are shaped by the the law whether they like it or not.

  • rate this
    +3

    Comment number 425.

    Thanks God we have a person who recognizes mans rights and choice at last. Victory for the normal people.

  • rate this
    -1

    Comment number 424.

    America has an obesity and diabetic problem. This may not be the ideal solution but would have at least been a step in the right direction...
    Once again America puts money before people!

  • rate this
    +1

    Comment number 423.

    Is this “THE Democratic" country on earth or what? Let the people decide what they want to drink and how much. Change comes through education and not by forcing your authority because one is the mayor of the city.

  • rate this
    +3

    Comment number 422.

    Why is this with more than 50+ not an editor's pick?

    7. schoolies

    I am not sure a statutory small Coke with a huge cheese burger and fries is going to make that much difference to the size and behaviour of the average American.

    Far better they educate the American populous on two things:

    1. What is a healthy diet?
    2. Do I need an AK 47 attack rifle, yes or no?

  • rate this
    +1

    Comment number 421.

    Comical how USA spends nearly 20% of it's budget on defence (http://www.concordcoalition.org/learn/budget/federal-budget-pie-charts), spends $$billions on avenging an American death whereas it's rotting itself from the inside with guns, sugary drinks, high fat/sugar processed foods and allowing the poor to die on the street while thinking of asking rich to pay a little more to help is'antifreedom'

  • rate this
    +4

    Comment number 420.

    415. Read it again. I said a priest annoyed me, not you. He thought we needed God to tell us to behave and the threat of punishment. You think we need the law and the threat of punishment to behave. I think I'm basically a decent person who isn't going to speed, rape, kill or whatever because I know its wrong. I think most people are like me.

  • rate this
    +4

    Comment number 419.

    In Czech Rep. we have in restaurants only 250ml, max 330ml bottles... But beer 500ml is cheaper then sweet water so everyone drink beer. It is not so sweet and is more healthy.

 

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