# Bloomberg and Board of Health's Soda ban struck down again. **URL:** \ **Category:** Cafe Society\ **Created:** [June 26, 2014, 6:07pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716 "2014-06-26T18:07:41Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [June 26, 2014, 6:07pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/1 "2014-06-26T18:07:41Z")
This is a relief. It gets scary when governments think they can dictate what people eat or drink or the quantity. I voluntarily cut my soda intake several years ago. I don’t buy the 20oz bottles anymore. Even a 12oz Coke is a rare treat every couple of weeks. I made that change because of health warnings. That’s how the problem of poor diet and obesity should be addressed. Big brother government is never the answer. Now something needs to be done to stop the new mayors vow to eliminate the horse drawn carriages in Central Park. Exactly the same heavy handed and misguided approach to governing that Bloomberg loved. > **[Big sugary sodas win again! N.Y. Court of Appeals rules city had no right to...](https://www.nydailynews.com/2014/06/26/big-sugary-sodas-win-again-ny-court-of-appeals-rules-city-had-no-right-to-restrict-soda-sizes/)** > > ALBANY — Big sugary sodas have won a big victory in New York’s highest court. The Court of Appeals on Thursday upheld lower court rulings that the city’s Board of Health exceeded … > [@](#): > > ALBANY — Big sugary sodas have won a big victory in New York’s highest court. > > The Court of Appeals on Thursday upheld lower court rulings that the city’s Board of Health exceeded its authority in 2012 by enacting former Mayor Michael Bloomberg’s ban on large sugary beverages. > > “By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York,” Judge Eugene F. Pigott wrote for the majority in 4-2 decision. > > The ruling likely strikes the final legal blow to the controversial policy enacted by the Bloomberg administration to ban large sugary beverages over 16 ounces. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [June 26, 2014, 6:09pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/2 "2014-06-26T18:09:38Z")
I’ll drink to that! I solved the whole soda thing by substituting beer. No worries. ---
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [June 26, 2014, 6:14pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/3 "2014-06-26T18:14:43Z")
I support the ruling to strike this ban but the government definitely has the right to control what you put in your body. There are countless drugs and foods that need to be tested for safety and there is no way that any one of us has the ability to do so. I don’t believe in the whole buyer beware philosophy because it seems to absolve corporations of any liability. Everything that is legally sold in the US is the government’s business. This soda ban just crosses the line but I agree with the spirit of what its doing. I’m fine with them banning trans fats ---
**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\ **Post date:** [June 26, 2014, 7:54pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/4 "2014-06-26T19:54:50Z")
> [@YogSosoth](#): > > I support the ruling to strike this ban but the government definitely has the right to control what you put in your body. There are countless drugs and foods that need to be tested for safety and there is no way that any one of us has the ability to do so. I don’t believe in the whole buyer beware philosophy because it seems to absolve corporations of any liability. Everything that is legally sold in the US is the government’s business. This soda ban just crosses the line but I agree with the spirit of what its doing. I’m fine with them banning trans fats It didn’t ban soda, though. It just limited the size that you could buy under certain circumstances. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 26, 2014, 8:00pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/5 "2014-06-26T20:00:42Z")
> [@aceplace57](#): > > This is a relief. It gets scary when governments think they can dictate what people eat or drink or the quantity. First they came for the giant sodas, and I said nothing… :rolleyes: As much as people made fun of the law, it was a sensible policy: the only reason “gigantic” was the default size of a soda at the movies was that it let the movie theater companies soak their customers for giant profits while giving them a product that was absurdly unhealthy. Reducing the size has a public health benefit and doesn’t cost anyone anything since you could still buy a huge-ass soda if you wanted one. All it did was change the default, and that’s a decent way to make public policy. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [June 26, 2014, 8:41pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/6 "2014-06-26T20:41:29Z")
Thankfully 2 different courts feel its a step too far. I totally agree medicines and additives that go into food or cosmetics should be regulated. The FDA does a vital job. Regulating the size of someones non-alcoholic beverage at dinner is intrusive. Whats next? Ban a double meat burger? No more than 1/8 teaspoon of mayo on a sandwich? Its not a suitable role of government. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 26, 2014, 8:50pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/7 "2014-06-26T20:50:36Z")
> [@aceplace57](#): > > Regulating the size of someones non-alcoholic beverage at dinner is intrusive. The law has nothing to do with dinner. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [June 26, 2014, 8:55pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/8 "2014-06-26T20:55:52Z")
Most people buy something to eat with their soda. Sodas in all restaurants were included. > **[Sugary drinks portion cap rule](https://en.wikipedia.org/wiki/New_York_City_soft_drink_size_limit)** > > The sugary drinks portion cap rule, also known as the soda ban, was a proposed limit on soft drink size in New York City intended to prohibit the sale of many sweetened drinks more than 16 fluid ounces (0.47 liters) in volume to have taken effect on March 12, 2013. On June 26, 2014, the New York Court of Appeals, the state's highest court, ruled that the New York City Board of Health, in adopting the regulation, exceeded the scale of its regulatory authority and as such, was repealed. Under the... > [@](#): > > Under the plan, all restaurants, fast-food joints, delis, movie theaters, sports stadiums and food carts would be barred from selling sugar-sweetened drinks in cups larger than 16 ounces (0.5 liters). The regulation would not apply to drinks sold in grocery stores including 7-Eleven, which are regulated by the state.[2] In addition, the regulation excludes drinks that are more than 70 percent fruit juice, are diet sodas, or that contain alcohol. Now that the courts have knocked this down. Perhaps they can focus on public education. Keep reminding people of the dangers of obesity. Public demand for huge drinks will drop. Eventually these fast food chains will voluntarily eliminate the super size cups. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 26, 2014, 9:00pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/9 "2014-06-26T21:00:35Z")
> [@aceplace57](#): > > Most people buy something to eat with their soda. And that makes it dinner? This is confusing. > [@](#): > > Sodas in all restaurants were included. Few restaurants serve giant-ass sodas, but you’re right that included places like McDonald’s. But that’s the same issue as it is with movie theaters: it’s a way for the companies to make an easy profit, and moving the needle could actually help consumers. > [@](#): > > Perhaps they can focus on public education. By some weird coincidence, the same people who say things like ‘it gets scary when governments regulate drink sizes’ don’t like it when the government gets involved in things like nutrition for kids. What you need is a combination of simple changes like these with education about healthy food and reforms that make it easier to get that food. But there’s no harm in ditching giant drinks either. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 26, 2014, 9:18pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/10 "2014-06-26T21:18:50Z")
Another interesting point: the ruling doesn’t say NYC can’t ban giant sodas. It says the board of health can’t do that on its own, which is an entirely different argument. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [June 26, 2014, 9:28pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/11 "2014-06-26T21:28:19Z")
I assumed this issue won’t go away. There’s a lot of other cities that may try something similar. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 26, 2014, 9:32pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/12 "2014-06-26T21:32:34Z")
> [@aceplace57](#): > > I assumed this issue won’t go away. There’s a lot of other cities that may try something similar. Yes, because obesity is a major problem and sodas are a significant contributor. NYC may continue to pursue it. And it’s apparently legal if done through the legislative process. Does that also scare you? ---
**Author:** ![RobDog](https://avatars.discourse-cdn.com/v4/letter/r/f07891/32.png) [@RobDog](https://boards.straightdope.com/u/RobDog)\ **Post date:** [June 26, 2014, 9:45pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/13 "2014-06-26T21:45:30Z")
> [@aceplace57](#): > > Most people buy something to eat with their soda. Sodas in all restaurants were included. > [Sugary drinks portion cap rule - Wikipedia](http://en.wikipedia.org/wiki/New_York_City_soft_drink_size_limit) > Now that the courts have knocked this down. Perhaps they can focus on public education. Keep reminding people of the dangers of obesity. Public demand for huge drinks will drop. Eventually these fast food chains will voluntarily eliminate the super size cups. But surely reducing the maximum size of individual servings IS a form of public education; it teaches people what a sensible sized serving looks like. I’m sure the legislation wouldn’t have stopped anyone from consuming a gallon of soda if they so wished, they would just have to have done so in several smaller cups. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [June 26, 2014, 11:16pm UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/14 "2014-06-26T23:16:48Z")
> [@Marley23](#): > > By some weird coincidence, the same people who say things like ‘it gets scary when governments regulate drink sizes’ don’t like it when the government gets involved in things like nutrition for kids. What you need is a combination of simple changes like these with education about healthy food and reforms that make it easier to get that food. But there’s no harm in ditching giant drinks either. I have to say, I really dislike it when people make these kinds of assumptions. I was very much against the ban on large sodas but I’m very concerned with the content of school lunches, I’m a fan of free lunch programs, and I want to see vending machines with candy bars and sodas taken out of schools. But I’m an adult and if McDonald’s wants to sell me a 32 ounce Coca-Cola and I want to buy a 32 ounce Coca-Cola then it’s not the place of any local, state, or federal government telling us we can’t do it. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 27, 2014, 2:33am UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/15 "2014-06-27T02:33:11Z")
> [@Odesio](#): > > I have to say, I really dislike it when people make these kinds of assumptions. Do you find it _scary?_ ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 27, 2014, 2:46am UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/16 "2014-06-27T02:46:45Z")
> [@Odesio](#): > > I have to say, I really dislike it when people make these kinds of assumptions. > [@Marley23](#): > > Do you find it _scary?_ I should’ve elaborated here: opposing the ban and finding it _scary_ are two different things. I understand why people are against this kind of move even though I think they’re wrong. Saying it’s scary when there are all sorts of regulations applied to food and drink and packaging and labeling is kind of daft. Stalin didn’t start by regulating cola and horse-drawn carriages. :rolleyes: > [@](#): > > I’m an adult and if McDonald’s wants to sell me a 32 ounce Coca-Cola and I want to buy a 32 ounce Coca-Cola Then you get two cups - or refill the one you have. Although come to think of it I thought fast food places gave you free soda refills anyway. It’s a limit on cup size, not on how much you can drink. ---
**Author:** ![Inner\_Stickler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inner_stickler/32/318_2.png) [@Inner\_Stickler](https://boards.straightdope.com/u/Inner_Stickler)\ **Post date:** [June 27, 2014, 2:51am UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/17 "2014-06-27T02:51:35Z")
> [@Odesio](#): > > I have to say, I really dislike it when people make these kinds of assumptions. _shrug_ When Sarah Palin’s giving speeches at CPAC snarkily sipping on a big gulp, yeah, people are going to make those kinds of assumptions. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [June 27, 2014, 3:23am UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/18 "2014-06-27T03:23:54Z")
> [@Marley23](#): > > Do you find it _scary?_ I find the attitudes behind the justification of the ban to be a bit worrisome but I wouldn’t say the ban was scary in and of itself. > [@](#): > > Then you get two cups - or refill the one you have. Although come to think of it I thought fast food places gave you free soda refills anyway. It’s a limit on cup size, not on how much you can drink. One big problem with the scheme was that convenience stores like 7-11 were exempt as were juices, coffees, and alcoholic beverages which pack just as many empty calories as a soda. And, yes, I’m aware that the ban was on container size but I have yet to hear a compelling argument for it. Yes, I certainly recognize that there are times when regulations are necessary and desirable. But in this case I do not believe that the reasons to limit soda size by law are compelling enough to trump the rights of consumers and merchants to purchase and sell their soda in whatever sizes they wish. > [@Inner Stickler](#): > > _shrug_ When Sarah Palin’s giving speeches at CPAC snarkily sipping on a big gulp, yeah, people are going to make those kinds of assumptions. I have a bit more faith that most people are smarter than Sarah Palin. And, let’s face it, this is hardly a Democrat versus Republican issue. It’s not like most New Yorkers were clamoring for the large soda ban. That’s why the mayor had to attempt to subvert the legislators by trying to push the ban through the health department. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [June 27, 2014, 3:32am UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/19 "2014-06-27T03:32:25Z")
Bloomberg overstepped his authority and should be held liable for any financial damage. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [June 27, 2014, 3:37am UTC](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716/20 "2014-06-27T03:37:22Z")
> [@Odesio](#): > > One big problem with the scheme was that convenience stores like 7-11 were exempt The city doesn’t regulate them. > [@](#): > > as were juices, coffees, and alcoholic beverages which pack just as many empty calories as a soda. That’s true. Still, it’s a first step. > [@Magiver](#): > > Bloomberg overstepped his authority and should be held liable for any financial damage. To list a few reasons this is wrong: the regulating was done by the board of health, not Bloomberg (though he obviously supported it); while your advocacy for huge soda companies is touching, I don’t think you can hold an elected official liable for this kind of thing anyway; and the regulation never even went into effect, so good luck identifying damages. [Next page](https://boards.straightdope.com/t/bloomberg-and-board-of-healths-soda-ban-struck-down-again/691716.md?page=2)