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Judge Throws Out NYC Large Soda Ban, But Will It Trigger Broader Effort?

Posted by on March 12, 2013 in In The News - Comments Off on Judge Throws Out NYC Large Soda Ban, But Will It Trigger Broader Effort?
New York City's ban on large sugary drinks is thrown out before it took effect.

New York City’s ban on large sugary drinks was thrown out before it took effect.

Just prior to its going into effect, New York City’s ban on the sale of large sugary drinks was declared invalid by New York State Supreme Court Judge Milton Tingling.  The law’s intent was to limit the serving size of sugar-sweetened beverages to no more than 16 ounces.  Super-sized, high calorie drinks have been associated with an increased risk of obesity, heart disease, and diabetes.  Each is a public health crisis which add several $100 billion to our annual healthcare budget.  Judge Tingling, however felt that the law was “arbitrary and capricious,” in that all food establishments were not treated equally.  For instance, it did not cover supermarkets or convenience stores, nor did it cover high calorie shakes or lattes.  Mayor Bloomberg was also criticized by the judge for bringing the issue before the Board of Health, but not the City Council.  Nonetheless, the response to the judge’s ruling is uncertain.  Some food establishments had already taken steps to comply with the limits.  Others believe the ruling will encourage the mayor to re-issue the regulation, but without loopholes.  In other words, by knocking it down, the judge may provide Mayor Bloomberg an opportunity to broaden it scope.

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