Judge strikes down NYC's big soda ban

[SNR]

http://online.wsj.com/article/SB1000...929974394.html

A state judge on Monday stopped Mayor Michael Bloomberg's administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday.

The regulations are "fraught with arbitrary and capricious consequences," the judge wrote. "The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole….the loopholes in this rule effectively defeat the state purpose of the rule."

Under the first-of-its-kind prohibition approved by the city Board of Health last year, establishments from restaurants to mobile food carts would have been prohibited from selling sugary drinks larger than 16 oz. After a three-month grace period, the city would have started fining violators $200 per sale.

The city rules, set to take effect on March 12, didn't include convenience stores, such as 7-Elevens, and supermarkets, both of which are regulated by the state government.

In his ruling, Judge Tingling found the Board of Health's mission is to protect New Yorkers by providing regulations that prevent and protect against diseases. Those powers, he argued, don't include the authority to "limit or ban a legal item under the guise of 'controlling chronic disease.' "

The board may supervise and regulate the city's food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

"That has not been demonstrated," he wrote.

Judge Tingling also suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him. The City Council, he wrote, is the legislative body "and it alone has the authority to legislate as the board seeks to do here."

City health officials, Judge Tingling wrote, aren't assigned the "sweeping and unbridled authority to define, create, authorize, mandate and enforce" the health code.

Across New York City, restaurants, bars and movie theaters had already started bracing for the change.

Brother Jimmy's BBQ, a chain with five locations in the city, had already ordered 1,000 new glasses for soft drinks at their five New York City locations. The restaurants serve soda in 24-oz. glasses, CEO Josh Lebowitz said earler this month—8 oz. more than city's new rules.

The anti-obesity effort to limit sales of sugary drinks was one of a number of ambitious public-health initiatives Mr. Bloomberg has launched since taking office in 2002.

He first prohibited smoking in bars, which proved to be one of his most popular achievements despite initial resistance. By 2008, the city stopped restaurants from using all but trace amounts of transfats, and Mr. Bloomberg recently won some success in convincing global food companies to lower the amount of sodium in prepackaged products.

Limiting the size of sugary drinks, however, wasn't proving as popular with voters. "He always tells us what to do. It's not just about soda," said Dante Nero, who was drinking a large cola while having lunch with a friend Monday at Dallas BBQ in the East Village of Manhattan.

"It ridiculous to put this kind of money and legislation into something that people are going to find a way to bypass," said Mr. Nero, 46 years old, of Brooklyn.

When city health officials voted to approve the large-drink ban in the fall, they routinely pointed to statistics showing that 58% adults citywide are overweight or obese, and nearly 40% of public-school students in eighth grade or below were obese or overweight.

In the debate over the controversial rules, Bloomberg administration officials acknowledged many underlying causes of weight gain. But they defended limits targeting sugary drinks—with an eye toward soda—as a sensible step because the beverages can so readily can contribute to obesity, have little nutritional value and don't offer a feeling of fullness when consumed.

Critics, however, have said the ban may punish the poor, who might try to save money by buying a larger drink to share—at the movies, for example.

[petegz28]

Welcome to 'Murica!!!!

Cheers..Ma ****ers!!!

[dirk digler]

Originally Posted by chiefzilla1501

The cdc projects that 1/3 of Americans will have diabetes by 2050 if we don't change our habits.

I've said before I don't support the soda ban. But getting tired of people who don't believe diabetes is a disease or who are so pissy about people telling them how to take better care of themselves. There is another thread talking about health care costs spiraling out of control, yet a stubbirnness on our end to acknowledge that our shitty health habits are contributing to that.

I am with you. America is full of fat ****ers that are a drain on our healthcare system. But the soda ban was stupid

[KCWolfman]

You people are too stupid to figure out what to eat and drink. You need someone smarter than you thinking for you. Michael Bloomberg is just that man.

[BucEyedPea]

Originally Posted by KCWolfman

You people are too stupid to figure out what to eat and drink. You need someone smarter than you thinking for you. Michael Bloomberg is just that man.

Excellently put.

[chiefzilla1501]

Originally Posted by KCWolfman

You people are too stupid to figure out what to eat and drink. You need someone smarter than you thinking for you. Michael Bloomberg is just that man.

In many cases, people are too stupid to know what to eat and drink. The solution isn't for a guy who thinks he's smarter like bloomberg, but instead teach people to become smarter and at least make it easier to recognize a bad solution from a good solution.

I have learned over time to eat better. But before that, there was a lot of bad diets, uneducated consumer decisions, and I still learn new things every day. It shouldn't be this hard. If it's this hard for a guy like me that tries really hard it's very tough for someone who doesn't try.

[notorious]

Do they teach realistic nutrition in High School?


Stuff like protein/carb ratios, good/bad fats, etc.

I swear that most people look at the nutritional value chart and they see a foreign language.

[mr. tegu]

Originally Posted by notorious

Do they teach realistic nutrition in High School?


Stuff like protein/carb ratios, good/bad fats, etc.

I swear that most people look at the nutritional value chart and they see a foreign language.

Either that or a language they don't want to learn because they know how difficult it will be to utilize that language.

[Garcia Bronco]

Originally Posted by notorious

Do they teach realistic nutrition in High School?


Stuff like protein/carb ratios, good/bad fats, etc.

I swear that most people look at the nutritional value chart and they see a foreign language.

The problem with teaching some of that stuff is it is not fact.

[cosmo20002]

Originally Posted by notorious

Do they teach realistic nutrition in High School?


Stuff like protein/carb ratios, good/bad fats, etc.

I swear that most people look at the nutritional value chart and they see a foreign language.

Seems like I remember Michelle Obama suggested to kids that they should eat a vegetable once in a while and the nation's dipshit right wing erupted with a fury maybe only surpassed by the outrage over the 9/11 terrorist attacks.

[RNR]

Originally Posted by cosmo20002

Seems like I remember Michelle Obama suggested to kids that they should eat a vegetable once in a while and the nation's dipshit right wing erupted with a fury maybe only surpassed by the outrage over the 9/11 terrorist attacks.

you put quite the effort into being a one trick pony~

[cosmo20002]

Originally Posted by RNR

you put quite the effort into being a one trick pony~

Being correct is my only "trick." You should give it a try sometime.

[RNR]

Originally Posted by cosmo20002

Being correct is my only "trick." You should give it a try sometime.

I am sorry cosmo I just cannot resist the urge to **** with you someday you will start thinking for yourself...maybe. If you ever do you will stop being the butt of jokes~

[cosmo20002]

Originally Posted by RNR

I am sorry cosmo I just cannot resist the urge to **** with you someday you will start thinking for yourself...maybe. If you ever do you will stop being the butt of jokes~

Thinking for myself is what bothers you. Carry on, nutjob.

[RNR]

Originally Posted by cosmo20002

Thinking for myself is what bothers you. Carry on, nutjob.

carry on scooter I am bored with picking on the gimp~

[notorious]

Originally Posted by Garcia Bronco

The problem with teaching some of that stuff is it is not fact.

?


I was overweight by about 30 pounds back in 2003, and I applied the calories in/calories out into my diet while cutting fat and sugar.

I could pinpoint exactly how much I would lose and how long it would take. It worked out perfectly. It's not rocket science.