Biggie size soda in NY in court

cprcpr Posts: 9,170 Admiral
FOES OF NYC SODA SIZE LIMIT DOUBT RACIAL FAIRNESS

NEW YORK (AP) -- Opponents of the city's limit on the size of sugary drinks are raising questions of racial fairness alongside other complaints as the novel restriction faces a court test.

The NAACP's New York state branch and the Hispanic Federation have joined beverage makers and sellers in trying to stop the rule from taking effect March 12. With a hearing set Wednesday, critics are attacking what they call an inconsistent and undemocratic regulation, while city officials and health experts defend it as a pioneering and proper move to fight obesity.

The issue is complex for the minority advocates, especially given obesity rates that are higher than average among blacks and Hispanics, according to the federal Centers for Disease Control. The groups say in court papers they're concerned about the discrepancy, but the soda rule will unduly harm minority businesses and "freedom of choice in low-income communities."

The latest in a line of healthy-eating initiatives during Mayor Michael Bloomberg's administration, the beverage rule bars restaurants and many other eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces. Violations could bring $200 fines; the city doesn't plan to start imposing those until June.

The city Board of Health OK'd the measure in September. Officials cited the city's rising obesity rate - about 24 percent of adults, up from 18 percent in 2002 - and pointed to studies linking sugary drinks to weight gain. Care for obesity-related illnesses costs more than $4.7 billion a year citywide, with government programs paying about 60 percent of that, according to city Health Commissioner Dr. Thomas Farley.

"It would be irresponsible for (the health board) not to act in the face of an epidemic of this proportion," the city says in court papers. The National Association of Local Boards of Health and several public health scholars have backed the city's position in filings of their own.

Opponents portray the regulation as government nagging that turns sugary drinks into a scapegoat when many factors are at play in the nation's growing girth.

The American Beverage Association and other groups, including movie theater owners and Korean grocers, sued. They argue that the first-of-its-kind restriction should have gone before the elected City Council instead of being approved by the Bloomberg-appointed health board.

Five City Council members echo that view in a court filing, saying the Council is "the proper forum for balancing the city's myriad interests in matters of public health." The Bloomberg administration counters that the health board, made up of doctors and other health professionals, has the "specialized expertise" needed to make the call on limiting cola sizes.

The suit also argues the rule is too narrow to be fair. Alcohol, unsweetened juice and milk-based drinks are excluded, as are supermarkets and many convenience stores - including 7-Eleven, home of the Big Gulp - that aren't subject to city health regulations.

The NAACP and the Hispanic Federation, a network of 100 northeastern groups, say minority-owned delis and corner stores will end up at a disadvantage compared to grocery chains.

"This sweeping regulation will no doubt burden and disproportionally impact minority-owned businesses at a time when these businesses can least afford it," they said in court papers. They say the city should focus instead on increasing physical education in schools.

During Bloomberg's 11-year tenure, the city also has made chain restaurants post calorie counts on their menus and barred artificial trans fats in french fries and other restaurant food.

In general, state and local governments have considerable authority to enact laws intended to protect people's health and safety, but it remains to be seen how a court will view a portion-size restriction, said Neal Fortin, director, Institute for Food Laws and Regulations at Michigan State University.
http://hosted.ap.org/dynamic/stories/U/US_SUGARY_DRINKS_LAWSUIT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-01-23-06-18-52
"The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function." F. Scott Fitzgerald

"Prediction is very difficult, especially if it's about the future." Niels Bohr

Replies

  • Joey ButtonsJoey Buttons Posts: 11,849 Officer
    Coming to a city near you......
    FSU is the best football team of all time!
  • CaptCamelCaptCamel Posts: 703 Officer
    whats next?! No tupac sized frys? Oh the horror
    This here river don't go to Aintree....................................
  • SLW210SLW210 Posts: 2,226 Officer
    Wonder how the First Lady and President feel about that? :rotflmao
  • captinmitchcaptinmitch Posts: 5,807 Officer
    Simmer down now. The government is better qualified to make these types of decisions for you.
  • CaptCamelCaptCamel Posts: 703 Officer
    SLW210 wrote: »
    Wonder how the First Lady and President feel about that? :rotflmao

    based on recent pics, she gonna be mega mad
    This here river don't go to Aintree....................................
  • CaptTaterCaptTater Posts: 20,096 Officer
    SLW210 wrote: »
    Wonder how the First Lady and President feel about that? :rotflmao

    You see the video KingMe posted of her?
    I did not read the story but if you take tax payers money maybe you should be held to some standards.-Cyclist
    when we say the same thing about welfare recipients, you cry like a wounded buffalo Sopchoppy
    It's their money, they spend it how they like. Truth and honesty have nothing to do with it. - Mr Jr
    "“A radical is one who advocates sweeping changes in the existing laws and methods of government.” "
  • SLW210SLW210 Posts: 2,226 Officer
    CaptTater wrote: »
    You see the video KingMe posted of her?

    No, but I'll look it up.
  • Mister-JrMister-Jr Posts: 25,908 AG
    Simmer down now. The government is better qualified to make these types of decisions for you.

    I have seen pics of some posters and agree, the government would do a better job.
    Vote for the other candidate
  • rrbgttrrbgtt Posts: 6,753 Admiral
    I don't think I've ever bought one of the giant sized softdrinks, but if they make that a law here, I will carry one around everywhere I go for spite.
    From hell's heart I stab at thee; for hate's sake I spit my last breath at thee. Ye damned bobcat!
  • HomerSimpsonHomerSimpson Posts: 6,394 Admiral
    down here the gov't would ban giant sized sweet tea mason jars
  • captinmitchcaptinmitch Posts: 5,807 Officer
    Mister-Jr wrote: »
    I have seen pics of some posters and agree, the government would do a better job.
    I certainly hope you're being as sarcastic as I was.
  • Triple Threat 33TTriple Threat 33T Posts: 18,638 Admin
    Mister-Jr wrote: »
    I have seen pics of some posters and agree, the government would do a better job.

    I really don't eat much, I think I have a slow thyroid gland or somthin.
    "Lord, hold our troops in your loving hands. Protect them as they protect us. Bless them and their families for the selfless acts they perform for us in our time of need. Amen."
  • rrbgttrrbgtt Posts: 6,753 Admiral
    down here the gov't would ban giant sized sweet tea mason jars

    :nono Hush yo mouf!
    From hell's heart I stab at thee; for hate's sake I spit my last breath at thee. Ye damned bobcat!
  • BobDBobD Posts: 1,969 Officer
    Nany bloomberg supports a woman's right to choose anything but the size of a soda.
    Build your dream or someone will hire you to build theirs.
  • CaptCamelCaptCamel Posts: 703 Officer
    I really don't eat much, I think I have a enlarged pulled pork bbq sammich gland or somthin.

    FIFY
    This here river don't go to Aintree....................................
  • Triple Threat 33TTriple Threat 33T Posts: 18,638 Admin
    CaptCamel wrote: »
    FIFY

    :grin
    "Lord, hold our troops in your loving hands. Protect them as they protect us. Bless them and their families for the selfless acts they perform for us in our time of need. Amen."
  • Mister-JrMister-Jr Posts: 25,908 AG
    Interesting article about some issues related to health, if you are interested.

    Davos divided on tackling the scourge of obesity

    http://www.reuters.com/article/2013/01/24/us-davos-obesity-idUSBRE90N0ER20130124
    Vote for the other candidate
  • midnightridermidnightrider Posts: 57 Greenhorn
    Just need to exempt grape and orange soda...simple fix
  • SAENoleSAENole Posts: 9,504 Admiral
    CaptCamel wrote: »
    based on recent pics, she gonna be mega mad

    ngbbs502b456ec393b.jpg
    I may be entitled to compensation.
  • rrbgttrrbgtt Posts: 6,753 Admiral
    Just need to exempt grape and orange soda...simple fix

    My favorite! Goes perfect with gizzards and hot sauce.:thumbsup
    From hell's heart I stab at thee; for hate's sake I spit my last breath at thee. Ye damned bobcat!

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