New York City Loses Final Appeal on Limiting Sales of Large Sodas
Source: New York Times
The states highest court on Thursday refused to reinstate New York Citys controversial limits on sales of jumbo sugary drinks, exhausting the citys final appeal and handing a major victory to the American soft-drink industry, which bitterly opposed the plan.
In a 20-page opinion, Judge Eugene F. Pigott Jr. of the State Court of Appeals wrote that the citys Board of Health exceeded the scope of its regulatory authority in enacting the proposal, which was championed by former Mayor Michael R. Bloomberg.
The decision likely will be seen as a significant defeat for health advocates who have urged state and local governments to actively discourage the consumption of high-calorie beverages, saying the drinks are prime drivers of a nationwide epidemic of obesity.
Two lower courts had already sided against the city, saying it overreached in attempting to prohibit the purchase of sugared drinks in containers larger than 16 ounces, about the size of a medium coffee cup. By a 4 to 2 vote, the justices upheld the earlier rulings.
Read more: http://www.nytimes.com/2014/06/27/nyregion/city-loses-final-appeal-on-limiting-sales-of-large-sodas.html
davidthegnome
(2,983 posts)Are large sugary drinks potentially harmful? Yes, absolutely. Should we make every effort to educate and inform people about risks to their health? Yes. Should we encourage people towards more healthy life-styles and dietary habits? Seems like the right thing to do.
Should we tell private or public businesses that they can't sell large sugary drinks in certain establishments? You know, personally, I don't think we should. There is a world of difference between offering people options and education in regards to health - and forcing businesses to not sell sugary drinks. I mean, where was the outcry about huge buckets of popcorn with way too much butter? Where was the attempt to limit fast food joints like Mcdonalds and Burger King? Sure, soda can be bad for you - but so can plenty of other things, some of them much worse than large sugary drinks.
To me, that kind of policy reeks of prohibition, or the war on drugs, which I think were both absolutely terrible ideas.
Tell people that drinking large sugary drinks can lead to health problems or death - and they might listen. Tell them they CANT drink them - and they'll do it anyway just to spite you.
yeoman6987
(14,449 posts)This was about the worst bill ever to be drafted. Talk about getting rid of personal responsibility and nanny state. Hopefully this is put to rest FOREVER!
tomm2thumbs
(13,297 posts)wondering how much money was spent on this entirely.... that perhaps could have been put to healthy eating programs
christx30
(6,241 posts)personally responsible for the entire mess. No reason the NY tax payers should foot the bill.
NYC Liberal
(20,135 posts)HockeyMom
(14,337 posts)You can go buy an entire liter of soda in a supermarket and drink the entire bottle at one time if you want. Ban those too? I'm not a soda drinker. When I go someplace with my husband, I usually give him the majority of my soda if it comes with the meal. Ban that too?
Again, just plain dumb law, which would really accomplish nothing at all.
Arcanetrance
(2,670 posts)A small was 8oz a medium was 16oz and large was like 24oz. It made sense I mean people are gonna get the free refills anyway
leftynyc
(26,060 posts)I detest nanny state nonsense.
ChairmanAgnostic
(28,017 posts)christx30
(6,241 posts)Let's also make smokers pay triple for their health care.
WHEN CRABS ROAR
(3,813 posts)on all sodas and candies instead, that would make more sense.
alp227
(32,006 posts)The opinion, Judge Read wrote, misapprehends, mischaracterizes and thereby curtails the powers of the New York City Board of Health to address the public health threats of the early 21st century.
Judge Pigott is also a Pataki nominee. Concurring with him: Graffeo, Smith (both Pataki noms), and Abdus-Salaam (a Cuomo {D} nominee who began in 2013). Chief Judge Lippman (a Paterson {D} nominee) concurred with the dissenting Read.
The decision is here: https://www.nycourts.gov/ctapps/Decisions/2014/Jun14/134opn14-Decision.pdf
I think that businesses should be allowed to sell junk food in large amounts - provided that the business also provides a warning about the risks of eating such food, so they can respond to a lawsuit with, "don't say we didn't warn you."
I've been torn on this law for the longest time. On one hand, adults should be able to eat as much crap as they want. On the other, freedom comes with responsibility and informed decisions. And the right wingers complaining "NANNY STATE NANNY STATE LOSS OF FREEDOM" over this law are, well, full of "first world problems".
nomorenomore08
(13,324 posts)There are ways to promote public health without indulging in that kind of silliness.