START A PETITION 25,136,189 members: the world's largest community for good
START A PETITION
x
571,505 people care about Real Food

New York Appeals Court Asked to Reinstate Soda Ban

New York Appeals Court Asked to Reinstate Soda Ban

Remember when former New York City Mayor Michael Bloomberg instituted a ban on large sugary drinks?

The ban, which prohibited restaurants, delis and other food places from selling sodas and other sugary beverages larger than 16 ounces (here’s looking at you 2-liter bottles of Coke), was controversial, and eventually deemed unconstitutional. Apparently Mayor Bloomberg had taken things a little too far.

But health and government  officials weren’t about to let a court decision stand in their way. Last week the New York City Department of Health and Mental Hygiene and the New York City Board of Health brought an appeal against the decision, pushing for a “portion cap rule” as a means to fight the escalating problem of obesity.

Bloomberg originally brought the idea of the ban to the city in 2012, proposing the ban as a rule under the city’s Health Code. Despite an objection from several New York City Council members, the measure went through the Board of Health in September of that year.

Restaurants, delis and food outlets were restricted from selling non-diet soft drinks, sweetened coffee and tea, energy and sports drinks, hot chocolate and sweetened juices larger than 16 ounces, but grocery and convenience stores were not, a discrepancy that lead the court to deem the ban unconstitutional. In other words, if you want to get a Big Gulp at 7-11, the ban wouldn’t stop you from doing so.

“The exceptions did not … reflect the agency’s charge to protect public health but instead reflected the agency’s own policy decisions regarding balancing the relative importance of protecting public health with ensuring the economic viability of certain industries,” Justice Dianne Renwick wrote at the time of the decision.

While former Mayor Bloomberg ended his 11-year tenure at the end of 2013, Mayor Bill de Blasio has supported the ban since before he took office. “The city’s proposal to cap the size of sugary drinks responds to the alarming obesity and diabetes crisis,” Mayor de Blasio told the Wall Street Journal.

The New York Court of Appeals heard arguments from both sides, with several judges noting that the ban could put food regulation on a slipper slope. ”Couldn’t you ban hamburgers altogether from New York City?” Jonthan Lippman, the court’s chief judge, asked, according to the Wall Street Journal.

An official decision on the appeal will likely come later this year.

Read more: , , , , , ,

Photo Credit: Vox Efx

have you shared this story yet?

some of the best people we know are doing it

89 comments

+ add your own
2:34AM PDT on Jul 11, 2014

It should be only up to the individual, but overall, the leading cause of obesity is lack of exercise and just plain eating too much. Do you really need to up-size your fast food order??

2:11PM PDT on Jun 28, 2014

Sodas are only part of what creates poor health and obesity. It is up to the individual to educate themselves and take action!

10:06AM PDT on Jun 19, 2014

Thank you.

7:18AM PDT on Jun 18, 2014

Soda has a lot of HIGH FRUTOSE CORN SYRUP in it and so do a lot of beverages. Make better choices and ban soda for your health.

1:36AM PDT on Jun 18, 2014

Noted.

6:42PM PDT on Jun 17, 2014

Thanks for sharing.

6:31AM PDT on Jun 17, 2014

well said, Christine

8:46PM PDT on Jun 16, 2014

OK, there is something I don't understand....women should have the ability to control their own body, make their own medical decisions regarding abortion, birth control, contraception. Cool. But we need the government regulating what type of soda and how much of it I can purchase?
Something here does not add up.

5:37PM PDT on Jun 16, 2014

Maybe not ban, but surely remind people of the empty calories and tooth decay of sodas!

1:47PM PDT on Jun 16, 2014

Do we really want the government to be the arbiter of what’s healthy and not healthy – and dictate our choices? People are perfectly capable of making these decisions for themselves. What’s more, a ban won’t fulfill the promise to reduce obesity and diabetes. That’s because no single food, beverage or ingredient is a unique cause of these conditions. Therefore, this regulation would not make a measurable difference whatsoever. What can help? Education that comprehensively addresses overall diet and physical activity can change behaviors in a meaningful way.
-American Beverage Association

add your comment



Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

ads keep care2 free

meet our writers

Steve Williams Steve Williams is a passionate supporter of Lesbian, Gay, Bisexual and Trans (LGBT) rights, human... more
Story idea? Want to blog? Contact the editors!
ads keep care2 free



Select names from your address book   |   Help
   

We hate spam. We do not sell or share the email addresses you provide.