Mayor Bloomberg's New York City sugary beverage size ban

NEW YORK CITY'S BEVERAGE BAN

Last year, the New York City Board of Health passed a health measure initiated by Mayor Michael Bloomberg that banned the sale of sodas and other sugary beverages in quantities over 16 fluid ounces. The purpose of the ban was to reduce the societal harm attributable to the over-consumption of high calorie, high-sugar-content drinks that are known to contribute to the national problem of obesity. Last week, a New York trial court invalidated the law, referring to it as "arbitrary and capricious." The Mayor has indicated his intention to appeal the case and responded publicly to defend the measure. Mr. Bloomberg has previously been instrumental in promoting other similar health-related laws, such as the 2002 prohibition of smoking in bars and restaurants and the subsequent extension of that law to outdoor public venues. The Mayor has also succeeded in implementing legislation banning "trans-fats" and requiring certain kinds of restaurants to post nutritional information about their products.

Argument Supporting the Ban

The principle basis of the ban is that obesity is already a national epidemic and that the consumption of large quantities of sugary drinks like sodas plays a significant role in that regard. The rationale for using the authority of the Board of Health in this manner is simply that it is a legitimate health issue under the purview of that department and, therefore, properly regulated by this approach. In his public response to the court ruling, the Mayor pointed out that this law is no different in principle from his previous initiatives in connection with reducing the health risks posed by secondhand smoke and trans-fats. According to that point-of-view, since much of the financial burden of treating the medical consequences of obesity fall on public health agencies and come at the direct expense of public funds and other resources, it is perfectly appropriate to try to reduce the problem at its root cause.

The Basis of the Legal Decision

In striking the law down, the State Supreme Court characterized the proposed law as "arbitrary" because it applied only establishment regulated by the city and not to supermarkets or chain stores (such as 7-11, for example), even when they do business on the same block as city-regulated businesses. Moreover, the decision also noted that the law can easily be circumvented because it does not prohibit customers from obtaining unlimited refills, even within business establishments where it applies. The decision suggested that whatever the value of promoting better dietary choices, a legal prohibition on the size of cups in which beverages can be dispensed is not the appropriate means of accomplishing that objective. Ultimately, the issue will almost certainly be heard by the New York State Court of Appeals.

Source Consulted

Saul, M.H. (2013). "Judge Cans Soda Ban: Ruling on Sugary Drinks Marks Rare Defeat

on Health Policy for Bloomberg." The Wall Street Journal (March 11, 2013).

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