NYC proposes ban on sale of oversize sodas

  • By Samantha Gross Associated Press
  • Thursday, May 31, 2012 8:00pm
  • Business

NEW YORK — Mayor Michael Bloomberg is proposing an unprecedented ban on the sale of large servings of soda and other sugary drinks in the city’s restaurants, delis and movie theaters in one of his most aggressive efforts yet to fight obesity.

“The percentage of the population that is obese is skyrocketing,” Bloomberg said Thursday on MSNBC. He added: “We’ve got to do something.”

The proposal marks the first time an American city has so directly attempted to limit sugary-drink portion sizes. City officials said they believe it will ultimately prove popular with New Yorkers and push governments around the U.S. to adopt similar rules.

The idea immediately sparked renewed accusations that the Bloomberg administration is sticking its nose into matters best left to individuals.

“New Yorkers expect and deserve better than this. They can make their own choices about the beverages they purchase,” Coca-Cola Co. said in a statement. “We hope New Yorkers loudly voice their disapproval about this arbitrary mandate.”

The proposal requires the approval of the city’s Board of Health — considered likely because its members are all appointed by Bloomberg.

The administration’s proposal would impose a 16-ounce limit on sugary drinks sold at restaurants, movie theaters, sports venues and street carts. It would apply to bottled drinks — many plastic soda bottles contains 20 ounces — as well as fountain sodas.

Bloomberg said people who want to guzzle 32 ounces would still be free to order two drinks. But he said restricting sodas to 16 ounces could help curb consumption.

“You tend to eat all of the food in the container. If it’s bigger, you eat more. If somebody put a smaller glass or plate or bowl in front of you, you would eat less,” he said.

The ban, which could take effect as soon as March, would not extend to drinks sold in grocery or convenience stores that don’t primarily sell foods meant to be eaten right away. Businesses that violate the rules would face fines of $200 per failed inspection.

The ban would apply only to sweetened drinks that contain more than 25 calories per 8 ounces. (A 12-ounce can of Coke contains about 140 calories.) It would not affect diet soda, and any drink that is at least half milk or milk substitute would be exempt, too.

City officials said they believe some calorie-heavy beverages wouldn’t be affected. Starbucks Frappucinos, for example, would probably be exempted because of their dairy content, while the Slurpees at 7-Eleven wouldn’t be affected because the stores are regulated as groceries.

Officials cited research linking sugary drinks to rising rates of obesity, diabetes and heart disease.

“We have a crisis of obesity,” City Health Commissioner Thomas Farley said. “And people often go with the default choice, and if the default choice is something which is very unhealthy and is feeding into that health crisis, it’s appropriate for the government to say, ‘No, we think the default choice should be healthier.”’

Under the three-term mayor, the city has campaigned aggressively against obesity, outlawing trans-fats in french fries and other restaurant food and forcing chain restaurants to post calorie counts on menus. The mayor has also led efforts to ban smoking in the city’s bars, restaurants, parks and beaches.

His efforts have drawn criticism from those who accuse him of instituting a “nanny state.”

“There they go again,” said Stefan Friedman, spokesman for the New York City Beverage Association, who called the latest proposal “zealous.”

“The New York City Health Department’s unhealthy obsession with attacking soft drinks is again pushing them over the top,” he said. “The city is not going to address the obesity issue by attacking soda because soda is not driving the obesity rates.”

The Bloomberg administration has tried other ways to discourage soda consumption. The mayor supported a state tax on sodas, but the measure died in Albany, and he tried to restrict the use of food stamps to buy sodas, an idea federal regulators rejected.

Mark Kalinowski, an analyst with Janney Capital Markets who covers companies including McDonald’s, said it is unlikely the ban will be enacted.

“Folks who want to buy Big Gulps and Frappucinos, a lot of those customers, you’re only going to be able to take it away from them by prying it out of their cold, dead hands,” he said.

And if it does go into effect, he said, customers will probably just respond by ordering two drinks.

“Maybe the mayor can outlaw all soft drinks and outlaw all fun while he’s at it,” Kalinowski scoffed.

———

Follow Samantha Gross at www.twitter.com/samanthagross

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Business

FILE — Jet fuselages at Boeing’s fabrication site in Everett, Wash., Sept. 28, 2022. Some recently manufactured Boeing and Airbus jets have components made from titanium that was sold using fake documentation verifying the material’s authenticity, according to a supplier for the plane makers. (Jovelle Tamayo/The New York Times)
Boeing adding new space in Everett despite worker reduction

Boeing is expanding the amount of space it occupies in… Continue reading

Paul Roberts makes a speech after winning the Chair’s Legacy Award on Tuesday, April 22, 2025 in Tulalip, Washington. (Olivia Vanni / The Herald)
Paul Roberts: An advocate for environmental causes

Roberts is the winner of the newly established Chair’s Legacy Award from Economic Alliance Snohomish County.

Laaysa Chintamani speaks after winning on Tuesday, April 22, 2025 in Tulalip, Washington. (Olivia Vanni / The Herald)
Laasya Chintamani: ‘I always loved science and wanted to help people’

Chintamani is the recipient of the Washington STEM Rising Star Award.

Dave Somers makes a speech after winning the Henry M. Jackson Award on Tuesday, April 22, 2025 in Tulalip, Washington. (Olivia Vanni / The Herald)
County Executive Dave Somers: ‘It’s working together’

Somers is the recipient of the Henry M. Jackson Award from Economic Alliance Snohomish County.

Mel Sheldon makes a speech after winning the Elson S. Floyd Award on Tuesday, April 22, 2025 in Tulalip, Washington. (Olivia Vanni / The Herald)
Mel Sheldon: Coming up big for the Tulalip Tribes

Mel Sheldon is the winner of the Elson S. Floyd Award from Economic Alliance Snohomish County

Craig Skotdal makes a speech after winning on Tuesday, April 22, 2025 in Tulalip, Washington. (Olivia Vanni / The Herald)
Craig Skotdal: Helping to breathe life into downtown Everett

Skotdal is the recipient of the John M. Fluke Sr. award from Economic Alliance Snohomish County

Dick’s Drive-In announces opening date for new Everett location

The new drive-in will be the first-ever for Everett and the second in Snohomish County.

A standard jet fuel, left, burns with extensive smoke output while a 50 percent SAF drop-in jet fuel, right, puts off less smoke during a demonstration of the difference in fuel emissions on Tuesday, March 28, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Sustainable aviation fuel center gets funding boost

A planned research and development center focused on sustainable aviation… Continue reading

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

The Coastal Community Bank branch in Woodinville. (Contributed photo)
Top banks serving Snohomish County with excellence

A closer look at three financial institutions known for trust, service, and stability.

Image from Erickson Furniture website
From couch to coffee table — Local favorites await

Style your space with the county’s top picks for furniture and flair.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.