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.

[chiefzilla1501]

Originally Posted by petegz28

JFC, FFS you people make this whole nutrition thing out to be way more complicated than it is.....

you are taught in Kiddy-garden....."you are what you eat"

Yeah, it's that ****ing simple

All you ****tards counting calories, worrying about these carbs and those fats and what not make me laugh...

you are what you ****ing eat....

if you're stufingf a double-cheese down your throat with a large coke and fries and playing Halo 4 all night, chances are you are fat and out of shape

It isn't that easy. Panera and Chipotle are deceptively very unhealthy. Orange juice and vitamin water are sugar tanks. Hamburger Helper and all processed food is a death trap.

There are days when I'm too tired to cook. Ever try walking down a grocery aisle or exploring nearby fast food places to find something that isn't bad for you? It's becoming virtually impossible anymore. Let's not pretend this is just about double bacon cheeseburgers and Big Gulps. This is just as much about meatball subs at Subway and Diet Cokes and Tuna Helper.

[Cephalic Trauma]

We are now diagnosing Type II diabetes in children (unheard of 15 years ago) and it's primarily because fat parents lead to fat kids.

Your fat ****ing parents are slurping down big gulps and eating cheap, high calorie shit, and implementing the same lifestyle in their children.

Freedom? Freedom to eat your fat ass to death and take the taxpayer down with you? Not only that, but perpetuating your fat progeny?

**** that.

[KCWolfman]

Originally Posted by chiefzilla1501

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.

I agree. Banning drugs sure has stopped people from hurting themselves with that poison. And drugs hurt a lot more people than soda.

If we had just used sensible education in 1933, Prohibition would still be in effect today saving millions of families and lives.

[Cephalic Trauma]

Originally Posted by BucEyedPea

No I didn't miss it. It's just not relevant to my position because I don't believe in a collectivist approach. ( aggregate sums of money included )


So.
Since when do I have to address all parts of your post? I choose what I want to comment on.


We, we, we! The group, the collective! Sorry, not my viewpoint.

Free-market healthcare has less moral hazard than our current patchwork socialist system with perverse incentives. Let private insurers charge high premiums to those who live such lifestyles.

I eat organic and lean paleo....'cept when I want my chocolate (fruit) ( but I make my own bars with stevia sometimes)

Yeah, you aren't even worth conversing with. There is so much ignorance in that post.

[KCWolfman]

Originally Posted by chiefzilla1501

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.

Yup, After all Two Ton Tubby is just too stupid to buy 2 twelve oz sodas to have with his 1/2 lb burger and double dipped french fries covered in cheese sauce.

[chiefzilla1501]

Originally Posted by KCWolfman

I agree. Banning drugs sure has stopped people from hurting themselves with that poison. And drugs hurt a lot more people than soda.

If we had just used sensible education in 1933, Prohibition would still be in effect today saving millions of families and lives.

Interesting comparison. I agree. I think our diabetes epidemic would be a HELL of a lot more under control if people knew how to cook.

And again, I don't care about people drinking soda. I do care that many don't seem to know just what they are drinking. They know it's bad for you, but my guess is if they had clear labelling that told them exactly how bad for you it was, they might second-guess themselves. I believe in choice, but in order to have choice, the consumer has to not what they are choosing.

[Cephalic Trauma]

Originally Posted by KCWolfman

I agree. Banning drugs sure has stopped people from hurting themselves with that poison. And drugs hurt a lot more people than soda.

If we had just used sensible education in 1933, Prohibition would still be in effect today saving millions of families and lives.

This is false, considering our recent obesity/diabetes epidemic.

[BucEyedPea]

Originally Posted by chiefzilla1501

It isn't that easy. Panera and Chipotle are deceptively very unhealthy.

Why those too? I love Panera....but I get the salads mostly. Sometimes the soup because I can't eat wheat. Chipotle at least raises it's food much better. It is high carb though and hi-fat. But, me, I think hi-fat, even saturated if fine. The govt food pyramid is the real killer.

Orange juice and vitamin water are sugar tanks. Hamburger Helper and all processed food is a death trap.

I get the cranberry concentrate in the healthstore in a jar, add my own water and stevia. Cranberry and Pomengranate are very good for you. OJ at least has some nutrition so a small amount is fine. Fresh squeezed is best and not as sweet.

There are days when I'm too tired to cook. Ever try walking down a grocery aisle or exploring nearby fast food places to find something that isn't bad for you? It's becoming virtually impossible anymore. Let's not pretend this is just about double bacon cheeseburgers and Big Gulps. This is just as much about meatball subs at Subway and Diet Cokes and Tuna Helper.

I'll eat organic peanut butter on whole grain ( non wheat) toast or with an apple if I am that tired.

[Cephalic Trauma]

Originally Posted by KCWolfman

Yup, After all Two Ton Tubby is just too stupid to buy 2 twelve oz sodas to have with his 1/2 lb burger and double dipped french fries covered in cheese sauce.

They would be less inclined to buy 5 12oz over the 64 oz mega-soda they can have now.

It's a start, but it won't solve the problem.

[BucEyedPea]

Originally Posted by Cephalic Trauma

Yeah, you aren't even worth conversing with. There is so much ignorance in that post.

Wow! Are you an asshole in real life too?

So someone politically and economically disagrees with you and you call it ignorance. You know who is ignorant ? YOU!
About free-market economics.

[BucEyedPea]

I don't know why anyone even allows their kids, or families soda. I never had it in my house. Perhaps at a few Bday parties because of other people's kids. ( but I still got it from the health food store)

[Cephalic Trauma]

Originally Posted by BucEyedPea

Why those too? I love Panera....but I get the salads mostly. Sometimes the soup because I can't eat wheat. Chipotle at least raises it's food much better. It is high carb though and hi-fat. But, me, I think hi-fat, even saturated if fine. The govt food pyramid is the real killer.



I get the cranberry concentrate in the healthstore in a jar, add my own water and stevia. Cranberry and Pomengranate are very good for you. OJ at least has some nutrition so a small amount is fine. Fresh squeezed is best and not as sweet.


I'll eat organic peanut butter on whole grain ( non wheat) toast or with an apple if I am that tired.

I, I, I.

What makes you think anybody really gives a **** about what you do?

If you are just concerned with yourself, fine. But ignoring collective (gasp) stats is choosing to be ignorant on the matter.

[Cephalic Trauma]

Originally Posted by BucEyedPea

Wow! Are you an asshole in real life too?

So someone politically and economically disagrees with you and you call it ignorance. You know who is ignorant ? YOU!
About free-market economics.

No, you are ignorant because you choose to ignore facts, and cite yourself as a pristine example of what people should be.

Inflated sense of self + ignoring telling numbers = Ignorance.

It's not that you disagree. It's that your basis for doing so has no evidence outside of your own personal choices.

[KCWolfman]

Originally Posted by Cephalic Trauma

They would be less inclined to buy 5 12oz over the 64 oz mega-soda they can have now.

It's a start, but it won't solve the problem.

More people are killed in the United States by illegal drugs than by auto accidents since 2009. And yet drugs are illegal. One would think that drugs wouldn't be used if they are illegal.

[BucEyedPea]

Originally Posted by Cephalic Trauma

I, I, I.

Yup, it's called chatting with a poster and giving ideas on what to eat instead of just what to avoid.
Ways to get the nutrition from juices without all the sugar.

What makes you think anybody really gives a **** about what you do?

I was talking to him—not YOU. What makes you think it's all about YOU?

If you are just concerned with yourself, fine.

No I'm not. I wasn't even talking to you. It's not about you. Project much?

But ignoring collective (gasp) stats is choosing to be ignorant on the matter.

In your OPINION.