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 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.

High calories, tons of salt. Even some salads. Only good for you if you know exactly what to order. People aren't eating unhealthy because of the food pyramid. People don't even care what that is anymore. People are eating unhealthy because in many cases, they either choose to or often times because they have no idea how much they're abusing their bodies.

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.

Juices are okay for you, but lots of these drinks are loaded with sugar. The average layperson probably believes these drinks are good for you, even in mass quantities.

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

You would be an exception. Good for you for doing that. But it's ridiculous that there aren't more options for people who are looking for a lean meal in a pinch.

[Cephalic Trauma]

Originally Posted by KCWolfman

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.

Still won't surpass heart attack, stroke, certain types of cancers, diabetes, and complications from diabetes.

[KCWolfman]

Originally Posted by Cephalic Trauma

Still won't surpass heart attack, stroke, certain types of cancers, diabetes, and complications from diabetes.

You convinced me. We gave up on Prohibition too soon.

[Cephalic Trauma]

Originally Posted by BucEyedPea

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.



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


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



In your OPINION.

So it's my opinion to state facts that directly effect the tax payer and our healthcare system

Shit, people like you are what they warn us about when we go into practice.

[BucEyedPea]

Originally Posted by Cephalic Trauma

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

No, you are ignoring another way to deal with the problem. The facts were already stated.
My focus is how to resolve it. By letting people pay the price directly so they change. Having the govt make their choices via law is what's ignorant. But people differ on such things.

Inflated sense of self + ignoring telling numbers = Ignorance.

at your ability to project.

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

Whoosh! My point for handling it went over your head. I never said I disagreed with your numbers. And your projecting that I'm ignorant.

[BucEyedPea]

Originally Posted by chiefzilla1501

High calories, tons of salt. Even some salads. Only good for you if you know exactly what to order. People aren't eating unhealthy because of the food pyramid. People don't even care what that is anymore. People are eating unhealthy because in many cases, they either choose to or often times because they have no idea how much they're abusing their bodies.

Well, I have to disagree with you about the food pyramid.

Juices are okay for you, but lots of these drinks are loaded with sugar. The average layperson probably believes these drinks are good for you, even in mass quantities.

Yeah but putting some ideas out is how people can learn too.

You would be an exception. Good for you for doing that. But it's ridiculous that there aren't more options for people who are looking for a lean meal in a pinch.

Yeah, it can be boring.

[Cephalic Trauma]

Originally Posted by KCWolfman

You convinced me. We gave up on Prohibition too soon.

Keep building that straw-man.

Facts are facts. This country has shown it is unable to regulate itself nutritionally, as evidenced by the alarming growth in obesity and diabetes numbers.

Saying otherwise is allowing the epidemic to persist to suit a political agenda, which is sad.

[BucEyedPea]

Originally Posted by Cephalic Trauma

So it's my opinion to state facts that directly effect the tax payer and our healthcare system

No you're ignorant because you ASSumed I ignored or disagreed with your stats. I was focusing how to solve the problem instead. Have you heard of Hooked on Phonics?

Shit, people like you are what they warn us about when we go into practice.

So you're gonna be one of those arrogant doctors who has nothing more to learn because you have a god-complex? Nice. I don't put much stock in allopathic doctors when it comes to solving this via diet. They tend to be ignorant about nutrition in an in-depth manner. I'll take certain nutritionists over you any day.

[Cephalic Trauma]

Originally Posted by BucEyedPea

No you're ignorant because you ASSumed I ignored or disagreed with your stats. I was focusing how to solve the problem instead. Have you heard of Hooked on Phonics?


So you're gonna be one of those arrogant doctors who has nothing more to learn because you have a god-complex? Nice. I don't put much stock in allopathic doctors when it comes to solving this via diet. They tend to be ignorant about nutrition in an in-depth manner. I'll take certain nutritionists over you any day.

Okay.

It's not worth it. There are better things I can do with my time than educate an insignificant imbecile on the current climate of this fat country.

Ignorance is bliss. Enjoy it.

[BucEyedPea]

Originally Posted by Cephalic Trauma

Facts are facts. This country has shown it is unable to regulate itself nutritionally, as evidenced by the alarming growth in obesity and diabetes numbers.

So

Make them pay.

Saying otherwise is allowing the epidemic to persist to suit a political agenda, which is sad.

Like freedom?

Guess who this was:

"A decorated army war veteran, this man was an avowed nonsmoker and dedicated public health advocate. His public health interests include the fostering of medical research and his dedication to eliminating cancer. He opposes the use of animals in conducting such research. He has supported restrictions on the use of asbestos, pesticides, and radiation, and favors government-determined occupational health and safety standards, as well as the promotion of such foods as whole-grain bread and soybeans. He is an advocate of government gun-control measures. An ardent opponent of tobacco, he has supported increased restrictions on both the use of and advertising for tobacco products."

Sounds like you. Guess who you are?

[BucEyedPea]

Originally Posted by Cephalic Trauma

Okay.

It's not worth it. There are better things I can do with my time than educate an insignificant imbecile on the current climate of this fat country.

Ignorance is bliss. Enjoy it.

Perhaps, you could study some economics or where our govt bears some culpability. You do have something to learn too.

BTW, who is responsible for high fructose corn syrup in so many foods? The govt. It's even in pickled herring. Yeah, more will make it better. Big Agra may not like that.
Who has a food pyramid based on too many carbs? The govt. Why is soybean oil in so many things?

Keep believing in govt can make it better or help despite it's track record. What's that saying about doing the same thing over again despite getting the same result?
Yeah, that's insanity.

[KCWolfman]

Originally Posted by Cephalic Trauma

Keep building that straw-man.

Facts are facts. This country has shown it is unable to regulate itself nutritionally, as evidenced by the alarming growth in obesity and diabetes numbers.

Saying otherwise is allowing the epidemic to persist to suit a political agenda, which is sad.

I agree. More families are ruined by alcohol and drugs than any other man made substances on the planet. We should continue the ban on drugs and re-establish prohibition. It will work if we all just pull together.

[KCWolfman]

Originally Posted by Cephalic Trauma

Okay.

It's not worth it. There are better things I can do with my time than educate an insignificant imbecile on the current climate of this fat country.

Ignorance is bliss. Enjoy it.

You should legislate the way she thinks. After all, you believe you can make her better if you legislate how much soda she drink.

[BucEyedPea]

Originally Posted by KCWolfman

You should legislate the way she thinks. After all, you believe you can make her better if you legislate how much soda she drink.

He'd prefer to turn the country into one giant health concentration camp.

[KCWolfman]

You know, I got to thinking, if banning doesn't work, we should just tax the hell out of it.

After all that work for tobacco and alcohol as well.