Judge strikes down NYC sugary-drinks size rule (Politico)

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entremet

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Manhattan state Supreme Court Justice Milton Tingling writes that loopholes "effectively defeat the stated purpose" of the rule.

The rule prohibits selling non-diet soda and some other sugary beverages in containers bigger than 16 ounces. It applies at places ranging from pizzerias to sports stadiums, though not at supermarkets or convenience stores.

City officials say the limit will curb obesity by making it easy for people to stop at 16 ounces of high-calorie drinks.

The beverage industry and other opponents say it's a nannyish measure that will hurt businesses.

http://www.politico.com/story/2013/03/new-york-city-soda-ban-88704.html?hp=f1

I hate soda, but the law is way too inconsistent. Diet drinks are also banned for example. Logistically it's a nightmare.
 
Good. People should be free to choose what sized sodas they want. Portion control shouldn't be the domain of the government. Education and awareness is what's been done and is still needed. Instead of nanny laws they should just find better ways to get their message across to more people.

You can't legislate stupidity away.
 
His heart's in the right place but laws like this shouldn't exist; leads to a very slippery slope

Besides what was there to stop multiple purchases of the same drink? Alcohol has the same stupid limitations on quantity per ounce but not per bottle.
 
7-11 was exempt from following the law. lulz. I guess the Slurpie lobby is powerful. What a terribly written law.
 
Good.

As somebody who hates how much sugar is in the American diet I appreciate the laws intent. However, it's a stupid law and violates peoples' ability to do what they want to their own bodies.
 
Personally, I didn't have any strong feelings for or against the ban until I learned that these venues couldn't even have closed bottles of soda. I don't have a real problem with blocking > 20 oz cups of soda, but I found it ridiculous that you couldn't even buy a cold 2L bottle from them.

(I don't care about the beverage industry, though.)
 
One problem with these articles "BLOOMBERG BANS SODA" is that they strip away all the context over years and decades.

The current administration tried over several years to pass a soda tax (starting around 2009). It's been a good policy goal for far longer. Obamacare was originally supposed to contain a tax on sodas as well (with the revenue funding part of the ACA, to be clear we're talking about billions of dollars per year from as little as a $0.03/container tax). In both cases, industry lobbyists were able to block the bill even though it meant reduced funding for other health-oriented programs. One industry group alone, the American Beverage Association, spent more than $10M last year just opposing this specific bill in NYC.

NYC has also run a series of ads (if you lived in the city, you've seen them) cajoling and educating residents on the danger of soda. Those can really only go so far, but at least they are trying.

Everyone would rather this be a simple soda tax to fund things like education and health programs. But that wasn't happening, so the container-size ban is a distant second or third best option given what is politically possible. Apparently even this is impossible.

Unfortunately banning container sizes doesn't generate the city any additional tax revenue. In fact it's probably a net loser since they'll have to spend money on education and enforcement.
 
They were enforcing the new soda rule at Madison Square Garden last Friday. I have to say I kind of really liked actually being given a human sized cup at a hockey game for a change. Before the ban the smallest size they even offered was well over the ban limit. They didn't even have a "small" 16 oz option. If you asked for a small, you would be given a "medium" 24 oz soda (25 cents more gets you a 32 oz). "Freedom of choice" my ass.

The judge is right, though, the law is all over the place, completely inconsistent and hypocritical, and has some obvious flaws. It's well intentioned, but it's bad law.
 
Good. People should be free to choose what sized sodas they want. Portion control shouldn't be the domain of the government. Education and awareness is what's been done and is still needed. Instead of nanny laws they should just find better ways to get their message across to more people.

You can't legislate stupidity away.

Where is education coming from though? People say this, but education in this country is -1000xp. The Corn/Soda Lobby is a bit large. Honestly, where are citizens going to get health awareness from? Laws are sometimes to protect people from their own stupidity.

I think Stupid in this country is serious, but its completely ignored. Can't educate anyone with a beyond broken and corrupt education system. We say let ignorant people make their own choices freely. But a lot of people don't make educated decisions.
 
A large coke at McDonalds has 312 calories and 86grams of sugar. The American Heart Association recommends a maximum of 45g for men a day. Keep that in mind next time you slurp one down.
 
One problem with these articles "BLOOMBERG BANS SODA" is that they strip away all the context over years and decades.

The current administration tried over several years to pass a soda tax (starting around 2009). It's been a good policy goal for far longer. Obamacare was originally supposed to contain a tax on sodas as well (with the revenue funding part of the ACA, to be clear we're talking about billions of dollars per year from as little as a $0.03/container tax). In both cases, industry lobbyists were able to block the bill even though it meant reduced funding for other health-oriented programs. One industry group alone, the American Beverage Association, spent more than $10M last year just opposing this specific bill in NYC.

NYC has also run a series of ads (if you lived in the city, you've seen them) cajoling and educating residents on the danger of soda. Those can really only go so far, but at least they are trying.

Everyone would rather this be a simple soda tax to fund things like education and health programs. But that wasn't happening, so the container-size ban is a distant second or third best option given what is politically possible. Apparently even this is impossible.

Unfortunately banning container sizes doesn't generate the city any additional tax revenue. In fact it's probably a net loser since they'll have to spend money on education and enforcement.

Yup, morons will be morons. Oh well.
 
In both cases, industry lobbyists were able to block the bill even though it meant reduced funding for other health-oriented programs. One industry group alone, the American Beverage Association, spent more than $10M last year just opposing this specific bill in NYC.

Then this is a symptom of a much larger problem which is the corporate influence that has a stranglehold on the American political process. Companies can basically buy politicians that will do what's best for their corporate interests instead of what's best of the people.
 
His heart's in the right place but laws like this shouldn't exist; leads to a very slippery slope

A slippery slope towards what? Complete government dictation on exactly what you should eat for breakfast, lunch and dinner?

I think on balance I agree with the court's ruling, but pointing toward extreme hypotheticals as a reason against soda laws isnt a strong argument
 
A large coke at McDonalds has 312 calories and 86grams of sugar. The American Heart Association recommends a maximum of 45g for men a day. Keep that in mind next time you slurp one down.

Agreed. Completely. That shit is disgusting.

But if someone wants to drink 8 of them, oh well. I don't think Bloomberg should stop them.
 
Jon-Stewart-Blast-Against-Bloomberg%E2%80%99s-Soda-Ban.gif


He will be pleased.
 
Agreed. Completely. That shit is disgusting.

But if someone wants to drink 8 of them, oh well. I don't think Bloomberg should stop them.

There is an argument that obesity related complications drive up health care cost, though, with many in NYC with Medicaid or state issues insurance due to low incomes, I can see the logic. I just think the law was poorly implemented.
 
Not much in NYC. There are some places that do have fountains outside of the kitchen like Chipotles for example.

It really depends on the place. Most fast food places I've been to in Manhattan have fountains outside the kitchen (like 70% or whatever just speaking from experience). Go into the boroughs and it's much rarer though.
 
The problem I have is people order a drink based off of thirstiness and then drink completely past the point of satiation because the portions are completely out of whack but they slurp it down anyway to finish it it off.

You probably have few people who bin a third of a drink because they don't feel compulsed to finish it off.
 
Good. People should be free to choose what sized sodas they want. Portion control shouldn't be the domain of the government. Education and awareness is what's been done and is still needed. Instead of nanny laws they should just find better ways to get their message across to more people.

You can't legislate stupidity away.

It's not being argued on these grounds/individual rights, though.

Instead, the judge is making a powers/preemption argument, that New York City is passing legislation that the state (through its constitution, and the charter it made with the city) did not authorize NYC to do. The judge is [correctly] making more of a federalism than substantive rights claim.
 
Freedom is always the argument people use to justify doing stupid things. Children use that argument, too.

When everyone else in society has to pay for your decisions, I don't think you deserve the freedom to do whatever you want.
 
A slippery slope towards what? Complete government dictation on exactly what you should eat for breakfast, lunch and dinner?

The Government shouldn't be forcing portion control. What could it lead to? More government regulated portion control.

I think on balance I agree with the court's ruling, but pointing toward extreme hypotheticals as a reason against soda laws isnt a strong argument

I can agree with this. But at the same time it's also about principle of people being free to chose what they eat, and in what portions and not having their government pass laws to attempt to control that.

It's not being argued on these grounds/individual rights, though.

Instead, the judge is making a powers/preemption argument, that New York City is passing legislation that the state (through its constitution, and the charter it made with the city) did not authorize New York to do. The judge is [correctly] making more of a federalism than substantive rights claim.

Word. I don't care what rationale is used to shut it down. Just glad it's overturned.

Freedom is always the argument people use to justify doing stupid things. Children use that argument, too.

This is a disturbing sentiment. Now the public are children that need to be carefully taken care of and controlled in all facets of their life by Benevolent Government?

When everyone else in society has to pay for your decisions, I don't think you deserve the freedom to do whatever you want.

You can use that logic to justify stopping free people from doing a great many things that they are allowed to do that may end up "costing" society is misused and abused.
 
A slippery slope towards what? Complete government dictation on exactly what you should eat for breakfast, lunch and dinner?

I think on balance I agree with the court's ruling, but pointing toward extreme hypotheticals as a reason against soda laws isnt a strong argument

The government isn't a nanny and they shouldn't mandate laws to assert themselves as such.
 
Also; is it really freedom to choose when the deck is stacked?

Where's my freedom to buy a human-sized 12 ounce can at the movies?
 
Not a soda drinker myself, but this was a silly law that would not have fixed the issue. Ultimately this move was nothing more than a waste of time and money regardless of its intentions. Sad that common sense didn't curb stomp this idea soon after inception.
 
This is a minor, yet important, victory for the principals of freedom. I applaud Bloombergs crusade against abusing unhealthy substances, but the measures he wanted to impose clearly crossed the line of in regards to freedom of choice and freewill.
 
I still say you sin tax the fuck out of it.

Diabetic healthcare costs will cripple us in the next decades. We're going to have to balance that budget when taxes are used to pay for the healthcare of people that can't seem to control themselves.
 
I still say you sin tax the fuck out of it.

Diabetic healthcare costs will cripple us in the next decades. We're going to have to balance that budget when taxes are used to pay for the healthcare of people that can't seem to control themselves.

Gotta get corporate money out of politics first.
 
I still say you sin tax the fuck out of it.

Diabetic healthcare costs will cripple us in the next decades. We're going to have to balance that budget when taxes are used to pay for the healthcare of people that can't seem to control themselves.

Fun fact: ACA (Obamacare) originally was supposed to contain a soda tax. At 3 cents per container, it would have raised billions per year.
 
Good.

As somebody who hates how much sugar is in the American diet I appreciate the laws intent. However, it's a stupid law and violates peoples' ability to do what they want to their own bodies.

Makes it more cumbersome to nuke their bodies with sugar in one sitting. They can still do it, however.
 
Fun fact: ACA (Obamacare) originally was supposed to contain a soda tax. At 3 cents per container, it would have raised billions per year.

I vote for scaled healthcare costs - fatties pay more per pound.

None of this flat fat tax shit either! Graduated fat taxes for everyone!
 
When everyone else in society has to pay for your decisions, I don't think you deserve the freedom to do whatever you want.

You could apply that logic to anything. Everything you do costs someone else time or money in some way. You may not care about your freedom, but you are damn lucky some of us do.
 
I still say you sin tax the fuck out of it.

Diabetic healthcare costs will cripple us in the next decades. We're going to have to balance that budget when taxes are used to pay for the healthcare of people that can't seem to control themselves.

This is completely true. Taxing is always more effective that outright banning, but some politicians don't really understand the effects the legislation they sign has.
 
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