Court to hear lawsuit against cola ban

A New York court will today hear a petition filed by the American Beverage Association against the city's plan to crack down on supersized sugary drinks.

In September last year, the city's Board of Health overwhelmingly voted to ban restaurants, street carts and entertainment and sports venues from selling sweetened drinks in cups or containers bigger than 16 ounces.

The size limit is set to take effect, as planned, on March 12. Violations will incur a fine of $200.

However, last week New York City announced a three-month grace period from fines for breaking the law which the city sees as a groundbreaking step in its fight against the rapid spread of obesity.

"Health officials will not seek fines for non-compliance for the first three months," said City's lawyer Mark Muschenheim in a statement.

But the American Beverage Association, in the suit, filed in the State Supreme Court in Manhattan, contends that New York City's Board of Health did not have the authority to ratify the rules unilaterally.

It also claims "the Board of Health's decision … usurps the role of the City Council, violating core principles of democratic government and ignoring the rights of the people of New York City to make their own choices".

The 61-page filing says, among other things, that the Board of Health adopted the ban, first proposed by Mayor Michael Bloomberg, completely ignoring the public objection of 17 members of the City Council, the legislative body elected by the people.




Michael Bloomberg: A modern-day Don Quixote?




However, the mayor’s office dismissed the lawsuit as “baseless”, maintaining that the Board of Health “absolutely has the authority to regulate matters affecting health, and the obesity crisis killing nearly 6,000 New Yorkers a year”.

Runaway obesity rates are threatening not just New York.

A report says that the number of obese adults will increase dramatically in every state in the country over the next two decades – and along with it related disease rates and health care costs.

Which means, by 2030 more than half the population in the United States will be obese – if corrective measures are not taken, starting now.




Obesity in the U.S.: A Burgeoning Crisis




Obesity increases the risk of heart diseases, diabetes, hypertension and other chronic illnesses.

Obesity is defined as having a Body Mass Index above 30, while overweight means a Body Mass Index of between 25 and 29.9.




Calculate your body mass index.




The ban applies to any establishment, in New York City’s five boroughs, with a food-service license, including fast-food restaurants, workplace cafeterias, delis, movie and Broadway theaters, the concession stands at Yankee Stadium and the pizzerias of Little Italy.




Do you think New York City has acted fairly in imposing the ban? Let's hear your views. Please leave your comments below.

Michael Bloomberg: A modern-day Don Quixote?

Love him or hate him, you just can't ignore him!

New York City Mayor Michael Bloomberg has been vilified and pilloried for steamrolling through legislation that clamps down on the sale of super-sized colas and sugary drinks in many large outlets in the city’s five boroughs.

His justification?

More than half of adult New Yorkers are obese or overweight and annually nearly 6,000 New Yorkers lose their lives to the burgeoning epidemic of obesity.

Bloomberg has made curbing obesity a top goal of his administration. Obesity increases the risk of heart diseases, diabetes, hypertension and other chronic illnesses.

"We cannot continue to have our kids come down with diabetes at age 6."

Rising obesity among children is of specific concern as it puts them at greater risk of serious health problems as they age. Doctors believe that children who are extremely obese may continue to be extremely obese as adults.

Despite his good, some call it misguided, intention Bloomberg is being seen in some quarters as a modern-day Don Quixote tilting at windmills represented, in this case, by large fast-food chain restaurants!

Up in arms are those who will be badly hit by the 16-ounce limit on sodas and other sugary drinks at restaurants, delis and theaters – the soft drinks and restaurant industries and the large movie chains.

Backing them are 60 per cent of New Yorkers who oppose the restrictions, according to a New York Times poll.

They believe the measure is:

• An assault on personal liberty. At the best of times New Yorkers don’t like to be told what to do. Bloomberg has been accused of being overbearing, over-reacting and turning New York into a 'nanny’ state.
• Self-defeating. According to the ban refills are permitted. Even by Bloomberg's admission "restaurant customers can still buy as much soda as they want, as long as they are willing to carry it in multiple containers".
• The regulation has its limits. The restrictions do not apply to supermarkets or most convenience stores since they are not subject to New York City Board of Health regulations.

However, let’s count the calories.

A 20-ounce Coke has 24o calories and a 16-ounce Coke 200 calories.

If you drink a Coke a day, choosing a 16-ounce bottle over the 20-ounce would say you 14,600 calories over a year. That is enough to add about 1.8 kilograms of fat to your body!

New York City Health Commissioner Dr. Thomas Farley believes that if New Yorkers reduced their cola consumption from 20 ounces to 16 ounces every other week, it would help them avoid gaining some 2.3 million pounds a year.

Bloomberg has been instrumental in introducing a number of health measures in New York, including:

• A ban on smoking in public places;
• Forcing chain restaurants to post calories on their menus;
• A ban on artificial trans fats in french fries and other restaurant food;
• Promoting breast-feeding over formula.

Though the ban on super-sized cola does not take effect until March 2013, the big corporations have already declared their intention to fight the regulation.

"This is a political solution and not a health solution," said Eliot Hoff, a spokesman for an industry-sponsored group called New Yorkers for Beverage Choices, which claims to have gathered more than 250,000 signatures on petitions against the plan.

“This is not the end,” said Eliot Hoff, a spokesman for the group, after the vote. “We are exploring legal options, and all other avenues available to us.”

Only time will tell whether the initiative will bear the desired results and help New Yorkers lead healthier lives.

For sure, city officials, health experts around the nation, and beverage and restaurant industries will be closely how this pans out.

Do you think Michael Bloomberg is on the right track? Please leave your comments below.