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News & Current Events Discuss Appeals court strikes down NYC ban on large sodas at the General Forum; Appeals court strikes down NYC ban on large sodas - CBS News An appeals court ruled Tuesday that the city's ...

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Old 07-30-2013, 02:51 PM
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Default Appeals court strikes down NYC ban on large sodas

Appeals court strikes down NYC ban on large sodas - CBS News

Quote:
An appeals court ruled Tuesday that the city's Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.

In a unanimous opinion, the four-judge panel of the state Supreme Court Appellate Division said that the health board was acting too much like a legislature when it created the limit, which would have stopped sales of non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces (473 milliliters).

The judges wrote that while the board had the power to ban "inherently harmful" foodstuffs from being served to the public, sweetened beverages didn't fall into that category. They also said the board appeared to have crafted much of the new rules based on political or economic considerations, rather than health concerns.

The city's law department promised a quick appeal.
"Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic," Mayor Michael Bloomberg said in a statement.

He added that 2,000 New Yorkers have died from the effects of diabetes and studies that showed the deadly health impacts of obesity and Type 2 diabetes.

The drinks limit follows other Bloomberg efforts to nudge New Yorkers into better diets. His administration has forced chain restaurants to post calorie counts on menus, barred artificial trans fats from restaurant fare and challenged food manufacturers to use less salt.

Bloomberg and city Health Commissioner Thomas Farley saw soft drinks as a sensible next front in a necessary fight: reining in an obesity rate that rose from 18 to 24 percent of adults in the city within a decade. Studies have tied heavy consumption of sugary drinks to weight gain, and the city had to start somewhere, the officials said.

"We have a responsibility, as human beings, to do something, to save each other. ... So while other people will wring their hands over the problem of sugary drinks, in New York City, we're doing something about it," Bloomberg said at a news conference after the measure was struck down in March.

Critics said the city went too far in imposing a serving size limit.
"For the first time, this agency is telling the public how much of a safe and lawful beverage it can drink," Richard Bress, a lawyer for the American Beverage Association and a coalition of other groups that challenged the regulation, told the appeals court at a hearing in June. "This is the government coercing lifestyle decisions."

The Association said they are "pleased that the lower court's decision was upheld" and that they look forward "to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City," according to CBS New York.

Opponents also said the measure's limitations made it meaningless as a health tool but potentially devastating to businesses that would have to deny customers big sodas while neighboring establishments could still supersize them.

The regulation would apply in settings ranging from sandwich shops to table-service restaurants to movie theaters, but not in supermarkets or most convenience stores, as those establishments aren't subject to city regulation. The measure also exempted alcoholic drinks and milk-based concoctions, including lattes.

The lower court judge, state Supreme Court Justice Milton Tingling, wrote in March that "the loopholes in this rule effectively defeat the stated purpose." He also found that the Bloomberg-appointed Board of Health intruded on the City Council's authority when it imposed the rule.

While the city appealed, Bloomberg has continued pushing the cause in other ways. In June, he and the mayors of 15 other cities urged congressional leaders to stop allowing food stamps to be used to buy soda and other sugary drinks, reviving an idea that had been broached for years.
This should be called the "Up yours, Bloomberg!!" decision.
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Old 07-30-2013, 02:58 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

The little piss ant Bloomberg does not have the right to order how people eat or drink. It's that simple.
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Old 07-30-2013, 03:12 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

Bloomberg's ego must be feeling a bit bruised today. Good, now to do the same to some of his draconian gun law ideas.
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Old 07-30-2013, 03:26 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

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Originally Posted by faithful_servant View Post
Appeals court strikes down NYC ban on large sodas - CBS News



This should be called the "Up yours, Bloomberg!!" decision.
Well thank God someone on the SC still has common sense.
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Old 07-30-2013, 03:51 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

A heck of a lot more then 2000 New Yorkers have died of diabetes. I think posting calorie counts etc is a pretty good idea, educating people always is.
I had not read much about this because it is soooo stupid. Pop sizes does not have any effect at all on blood sugar, so it makes 0 difference if one has a huge pop or several small ones, so the size issue is a nonstarter, it is exactly the same as forcing someone to smoke shorter cigarettes. After reading the court decision I think it is either a very misdirected attack on obesity, or maybe Bloomberg has some beef with big Soda. Cause this whole large size pop makes not sense for obseity but might have some small effect on Coke or Pepsi profit. I think he is just nuts.
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Old 07-30-2013, 03:54 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

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I think posting calorie counts etc is a pretty good idea, educating people always is.
What is a "good idea" and "government enforcemnt" are two VERY different things...

I think every kid SHOULD get up early and do at least 1/2 hour of exercise...

I would be LIVID if the government tried to make that law...
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Old 07-30-2013, 03:55 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

Sure, I agree.
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What is a "good idea" and "government enforcemnt" are two VERY different things...

I think every kid SHOULD get up early and do at least 1/2 hour of exercise...

I would be LIVID if the government tried to make that law...
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Old 07-30-2013, 03:55 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

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Sure, I agree.
Then I change my position...
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Old 07-30-2013, 04:05 PM
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Post Re: Appeals court strikes down NYC ban on large sodas

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Originally Posted by faithful_servant View Post
Appeals court strikes down NYC ban on large sodas - CBS News

This should be called the "Up yours, Bloomberg!!" decision.
Honestly, I'm surprised it took this long for a court to hand down a ruling like this on that law...

Quote:
In a unanimous opinion, the four-judge panel of the state Supreme Court Appellate Division said that the health board was acting too much like a legislature when it created the limit, which would have stopped sales of non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces (473 milliliters).
On the plus side, unanimous.
On the negative side, "too much like a legislature" implicates that if a legislature were to say this, that would have less of a constitutional problem...
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Old 07-30-2013, 07:57 PM
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Default Re: Appeals court strikes down NYC ban on large sodas

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Originally Posted by foundit66 View Post
Honestly, I'm surprised it took this long for a court to hand down a ruling like this on that law...


On the plus side, unanimous.
On the negative side, "too much like a legislature" implicates that if a legislature were to say this, that would have less of a constitutional problem...
Not less of really, just a different one.
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