Half of New Yorkers say soda ban proposal goes too far, but legal challenges could be hard to win

Jun 6 2012

Half of New Yorkers say the proposal by Mayor Michael Bloomberg to limit the size of sugary drinks goes too far, but analysts say legal challenges to the limits might not be able to stop the policy.

Reuters: Legal Challenges To New York Soda Ban Face Uphill Climb
Mayor Michael Bloomberg's proposed ban on large-size sugary soft drinks in New York isn't winning him many new friends in the beverage and restaurant industries. Trouble is, they may not be able to stop him, at least in the courts. The mayor's proposal would change the city's administrative code, giving the health department the power to levy fines on most restaurants, movie theaters, food carts and delis that sell sugary soft drinks larger than 16 ounces (Ax, 6/4).

The Associated Press: Poll: Half Of NYers Oppose Drink Restrictions
About half of New Yorkers say Mayor Michael Bloomberg's proposed ban of sugary drinks over 16 ounces from the city's eateries is an example of government going too far, while 42 percent say it would be good health policy, according to a poll released Monday. Of the 500 adults surveyed Sunday for the NY1-Marist poll, 53 percent said the proposal is a bad idea, while 42 percent praised the concept -- which would make New York the first American city to so directly attempt to limit portion sizes in an attempt to fight obesity (Gross, 6/4).

In the meantime, Massachusetts lawmakers are considering dumping a sales tax exemption for soda and candy --

WBUR's CommonHealth blog: Soda Tax Proposal Survives Near-Death. Up For Debate This Week
We've been hearing for many months about a brewing proposal to lift the state sales tax exemption on soda and candy. … But in the bubbling political ferment in the State House over cutting health costs, nothing is a done deal until it's a done deal. So though many public-health-oriented personae have come out in favor of lifting the soda tax exemption -- including the Healthy People/Healthy Economy coalition way back in late 2010 -- for a while it was looking last week like the actual soda-tax amendment might not be filed and the proposal might not even come up for debate this legislative session (Goldberg, 5/4).