Soft drink war hits New York court

Drinks manufactures, small businesses and minority groups have attacked New York City's proposed ban on super-sized soda as a court battle kicked off this week.
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One last gulp? Russell Bernice

According to the newspaper USA Today, Mayor Michael Bloomberg launched the clamp down – which could take effect on 12 March -- on extra-large beverages after his administration linked sugar-filled drinks to diabetes and obesity.

Obesity

The landmark decision was defended by the city as a step towards addressing the problem of obesity. But critics – including the local branch of black rights campaigners the NAACP and a network of Hispanic groups -- complained that it will hurt small and minority-owned businesses as they are the only retailers the city can regulate. They added that the ban will do little to improve health.
American Beverage Association lawyer James Brandt said the limit would be an ‘extraordinary infringement’ on consumer choice, telling Manhattan state Supreme Court Justice Milton Tingling: ‘New Yorkers do not want to be told what to drink.’
Meanwhile, the minority groups say in court papers that they are concerned about ‘freedom of choice in low-income communities’.

Big Gulp

If confirmed, the beverage rule bars restaurants and many other eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces, with violations bringing fines of up to $200.
In court papers, the city defended its stance against soft drinks, stating: ‘It would be irresponsible for (the health board) not to act in the face of an epidemic of this proportion.’
However, several holes have already been poked through the proposed ban, with reports noting that alcohol, unsweetened juice and milk-based drinks are excluded, as are supermarkets and many convenience stores, including 7-Eleven -- home of the 32-ounce ‘Big Gulp’ – which aren’t affected by city regulations.

Scapegoat

Opponents have also claimed the ban is making a scapegoat of soft drinks when many other factors are contributing to the obesity. Global drinks giant Coca-Cola released an advertisement earlier this week accepting the role of sugary drinks in obesity epidemic, while also attempting to deflect responsibility by listing its efforts to address the problems and stating ‘all calories count, no matter where they come from’. Nonetheless, the commercial has been widely ridiculed as hypocritical on the Internet.

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