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Lawsuit Challenges New York Sugary Drink Ban

An anonymous reader writes "Soda makers, along with other trade organizations, filed a lawsuit Friday challenging the New York soda ban that is about to be implemented in the city. 'Last month, the board voted eight to zero, with one abstention, to ban restaurants, mobile food carts, delis and concessions at movie theaters, stadiums and arenas from selling sugary drinks in cups or containers larger than 16 ounces. The ban, designed to reduce obesity, is slated to begin March 12. ... The lawsuit also claims that new regulations are “arbitrary and capricious,” violating a section of the New York Civil Laws and Rules. Opponents have specifically said it’s unfair that convenience stores, including 7-Eleven and its famous Big Gulp drink, would be exempt.'"

97 of 642 comments (clear)

  1. Good by wmbetts · · Score: 4, Insightful

    The law is ridiculous hopefully it gets over turned.

    --
    "Ubuntu" -- an African word, meaning "Slackware is too hard for me". - stolen from Dan C alt.os.linux.slackware
    1. Re:Good by K.+S.+Kyosuke · · Score: 3, Insightful

      Ridiculous laws for ridiculous people? Mind you, many things got regulated precisely because a bunch of idiots started destroying their lives with them.

      --
      Ezekiel 23:20
    2. Re:Good by Anonymous Coward · · Score: 4, Insightful

      Agree. Instead of one 24-ounce soda they get two 16 ounce ones. This is soooo much healthier.

    3. Re:Good by K.+S.+Kyosuke · · Score: 5, Interesting

      Oh, one thing comes to my mind: They could allow for large servings under the condition that the glass/cup will have multiple mandatory photos of repulsively obese people on it. Just like with cigarettes and the warning labels on them.

      --
      Ezekiel 23:20
    4. Re:Good by artor3 · · Score: 5, Insightful

      Drinks used to be served in smaller containers, and society survived just fine. Restaurants started using larger containers to exploit flaws in human psychology, allowing them to trick customers into buying more than they want or need. This is done to make more money, and to hell with the health of the general public.

      Your free will isn't as all-powerful as you think it is. There are a great many people spending billions of dollars every year on cutting edge science to control your purchasing decisions, and you don't stand a snowflake's chance in hell against them. Only as a group can we fight back.

    5. Re:Good by hutsell · · Score: 2

      The law is ridiculous hopefully it gets over turned.

      Going further: Didn't we try this before with alcohol -- ban alcohol and we'll eliminate alcoholism? Instead of creating a potential for a smaller version of that black market and the associated criminal activity with increasing costs in enforcement that went with it, a campaign to educate (which I'm not a big fan of as being an alternative) might be a useful way of redirecting those costs. Would something blunt, such as: "Hey, New Yorkers. Tired of the rep for being an unhealthy Fat F***; drink a diet cola instead!" possibly succeed?

      --
      Yesterday's Weirdness is Tomorrow's Reason Why
    6. Re:Good by Anonymous Coward · · Score: 2, Funny

      How about the same for the background of every website you visit?

    7. Re:Good by MindlessAutomata · · Score: 2

      Politicians do it better than anyone--let's ban them. And cosmetics, too.

      I don't stand a snowballs chance? I cut soda out of my diet completely. Hmm.

    8. Re:Good by K.+S.+Kyosuke · · Score: 3, Funny

      Exactly! See what those artificially sweetened drinks make people do? It's horrible, horrible, I tell you!

      --
      Ezekiel 23:20
    9. Re:Good by artor3 · · Score: 5, Insightful

      Advertisers spend half a trillion dollars every year to control you. Any one individual might be able to resist, but on the balance, advertising works. They wouldn't spend so much money on it if it didn't.

    10. Re:Good by K.+S.+Kyosuke · · Score: 3, Funny

      You mean that large pages should have pictures of people with thick glasses?

      --
      Ezekiel 23:20
    11. Re:Good by K.+S.+Kyosuke · · Score: 5, Funny

      The liberal streets...

      You Americans keep using that word. I do not think it means what you think it means.

      --
      Ezekiel 23:20
    12. Re:Good by Anonymous Coward · · Score: 5, Insightful

      Between the government and the private sector, I know who's lied to me more about products. Hint: it rhymes with sivate prector.

    13. Re:Good by Fuzion · · Score: 4, Insightful

      No one's banning anything. The only thing being limited it the size of a single container. You can buy a hundred 16-oz containers of any sugary drink if you wanted to.

      It's very unlikely that a black market rise because I don't see anyone willing to pay any significant amount for a single 32-oz container instead of two 16-oz containers.

      --
      "Knowledge makes us accountable." - Che Guevara
    14. Re:Good by SuperMooCow · · Score: 2

      They also don't understand the meaning of communism.

    15. Re:Good by Time_Ngler · · Score: 2

      Oh tell me great wise one... what must I do to stop being part of the flock and to exercise free will?

    16. Re:Good by fibonacci8 · · Score: 5, Informative
      --
      Inheritance is the sincerest form of nepotism.
    17. Re:Good by Wrath0fb0b · · Score: 4, Insightful

      Drinks used to be served in smaller containers, and society survived just fine. Restaurants started using larger containers to exploit flaws in human psychology, allowing them to trick customers into buying more than they want or need. This is done to make more money, and to hell with the health of the general public.

      Or public health officials have been tricked into thinking it's more important for people to be healthy than to eat satisfying junk food and are exploiting flaws in human psychology regarding the correlation between physical appearance and mental state (we are biased towards believing that attractive people are happier).

      That's the problem with the "people are stupid" line of argumentation that's prevalent in the nanny state -- it doesn't really explain why we should prefer moving decision-making from one group of stupid people to another group of stupid people.

    18. Re:Good by epyT-R · · Score: 2

      There are plenty of recent and current examples of what communism produces. I think that's a decent judge of it, and no understanding of marx is required.

    19. Re:Good by causality · · Score: 3, Insightful

      Between the government and the private sector, I know who's lied to me more about products. Hint: it rhymes with sivate prector.

      Indeed, government probably won't lie to you, on this particular subject.

      When they treat adults like you as though you were a two-year-old, they will do it quite openly and honestly. And shamelessly.

      But hey, at least they aren't lying, right?

      Or maybe the real question is what happened to you to make you crave so many sodas instead of honestly desiring to quench your thirst the natural and most effective way, with water. Maybe another real question is why you cannot take responsibility yourself for how you eat and whether you exercise, and remedy either (or both) as needed, why you would need any corporation or government agency to tell you how you should eat and when you should exercise. That would be a revolutionary concept, huh?

      Of course if you are a total victim then the "advantage" (if you are warped and perverted enough to think of it as such) is that nothing is ever your fault. You're just a leaf in the wind, powerless to change anything, totally at the mercy of corporations and government to which you have ceded all of your personal power. Then sure, you get to blame them for your problems, yeah, maybe you can convince yourself that this is satisfying, are you happy with your life yet? Or you can trade away the blame-game bullshit and do what it takes to make better decisions and see with your own eyes that they bear fruit in the form of a better life that you get to run yourself.

      The victimhood mentality is astonishingly popular. I must conclude that the people who prefer it have never honestly mastered both options. It's like a computer user who swears Windows is the best OS for his needs, yet he knows nothing about any other OS. His opinion is not a valid one because he has no basis for comparison. Now if he were equally skillful in Windows, Linux, FreeBSD, and OSX, and then still preferred Windows, I would call that a valid opinion.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    20. Re:Good by geminidomino · · Score: 3, Informative

      Actually, even in the "You'll pry our imperial measurements from our cold, dead hands" States of America, soda is, in fact, sold in 1, 2, and (though I haven't seen them in a few years) 3 liter bottles.

    21. Re:Good by Mr.+Freeman · · Score: 2

      You're right! The big evil restaurants have put soda in larger containers and now I'm helpless!!! OMG THERE'S A SODA ON MY DESK I CAN'T STOP DRINKING IT HELLLLLLP!!!!

      In all seriousness though, this is the dumbest thing I've read this month.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    22. Re:Good by Mr.+Freeman · · Score: 3, Insightful

      " Eat like a PIG, you pay for the heart bypass. Smoke, you pay for the cancer surgery."

      Drive, you pay for the trauma doctor to patch you up when you have an accident. Walk outside, you pay for the damage to your lungs from pollution. Don't wrap yourself up in a bubble, you pay for everything.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    23. Re:Good by Anonymous Coward · · Score: 4, Insightful

      The solution is to make you purchase your half pound of sugar in 3 cups. If making giving yourself diabetes slightly inconvenient is "government tyranny" then we probably need more of it.

    24. Re:Good by tqk · · Score: 2

      Still confused, sorry. I've taken two passes through this story's comments so far, and it gets foggier each time.

      I'm still wondering why big sugar filled drinks is the most important thing on "The Authoritays" minds. Don't they have anything better to do? Terrists? Big Macs? Twinkies?

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    25. Re:Good by Anonymous Coward · · Score: 2, Informative

      He's an american. In the civilized world it would be a 2 litre bottle.

    26. Re:Good by whatthef*ck · · Score: 5, Insightful

      Oh, one thing comes to my mind: They could allow for large servings under the condition that the glass/cup will have multiple mandatory photos of repulsively obese people on it. Just like with cigarettes and the warning labels on them.

      Do the busybodies who are convinced they're smarter than everyone else, and hence, entitled to manage their lives, ever rest?

    27. Re:Good by Ferzerp · · Score: 2

      An individual need not be harmed by a law to realize that it is not an area that should be legislated.

    28. Re:Good by foniksonik · · Score: 2

      Don't forget:

      Born with a genetic deficiency, congenital defect, victim of any number of contagions, etc

      Our point is that healthcare isn't just to prop up unhealthy lifestyles. In fact unhealthy/risky lifestyles are already compensated for with higher premiums.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    29. Re:Good by whatthef*ck · · Score: 2

      Drinks used to be served in smaller containers, and society survived just fine. Restaurants started using larger containers to exploit flaws in human psychology, allowing them to trick customers into buying more than they want or need. This is done to make more money, and to hell with the health of the general public.

      Your free will isn't as all-powerful as you think it is. There are a great many people spending billions of dollars every year on cutting edge science to control your purchasing decisions, and you don't stand a snowflake's chance in hell against them. Only as a group can we fight back.

      Thankfully, there are government nannies and other assorted busybodies who will save us.

    30. Re:Good by russotto · · Score: 2

      Oh, one thing comes to my mind: They could allow for large servings under the condition that the glass/cup will have multiple mandatory photos of repulsively obese people on it.

      "Yeah, I'll have two Fat Albert's, an Alfred Hitchcock, and a William Howard Taft to go."

    31. Re:Good by JimCanuck · · Score: 2


      Pop is served in 11 oz cans (Europe's 330ml), 12 oz cans (NA - 355ml cans), 500ml bottles (Rest of the world) 20 oz bottles (591ml NA), 24 oz bottles (NA "club packs" of 710ml), 1 litre, and 2 litre bottles.

      Too many but its mostly Imperial measures for pop today.

    32. Re:Good by Culture20 · · Score: 3, Insightful

      We should not ban smoking, ban junk food, or reqire drivers licenses

      One of these things is not like the others. Smoking and poor driving affect other people. Junk food can only affect someone else if projectile vomiting is involved.

    33. Re:Good by Dr+Damage+I · · Score: 5, Insightful

      "Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." - C.S. Lewis

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    34. Re:Good by Dr+Damage+I · · Score: 2

      Governments spend trillions of dollars on guns to control you. Between clever advertising and armed thugs empowered to dictate my choices to me, guess which one I'm choosing

      --
      "Cursed is he who rises early in the morning..." Isiah 5:11
    35. Re:Good by artor3 · · Score: 4, Insightful

      If you think advertising doesn't affect you, that goes to show how well it is working. The fact that I am aware of how well it works and take pains to avoid seeing it does not make me weak-willed. It makes me self-aware.

      Obviously advertising works, but it doesn't control what I do.

      Those statements are contradictory. The entire goal of advertising is to get people to do certain things. You can't say advertising works while simultaneously thinking that it doesn't allow some form of control over people.

    36. Re:Good by kelemvor4 · · Score: 3, Insightful

      The ban, designed to reduce obesity

      The government has no business trying to reduce obesity. Instead, the government should be working hard to make sure that obesity is much more quickly and certainly fatal. Say, "morbid obesity" causing cetain death within five years if the person does not lose weight. I mean just imagine. Imagine adults who are 50-100 pounds overweight or more. Before they were 50 pounds overweight they were 10 pounds overweight. Then they were 15 pounds overweight. Then 20. Then 30. You mean to tell me an adult person cannot see this happening and say "hey, I must be doing something incorrectly. if I keep doing what I am doing now, i will keep gaining weight, and if I don't change that, I will be morbidly obese"? Really? For the love of God don't let people like that vote. Don't let them drive. Letting these people vote and drive is cruel and unusual punishment without due process for every person with a shred of sense. Besides, if morbid obesity were 100% fatal within five years, the lard-asses would suddenly stop making excuses (and oh how they love giving fairytale excuses for why their bad decisions are somehow not their fault. with people like this NOTHING is EVER their fault you know, they are perfect angels and they are perfect victims who demand your false sympathy). They would suddenly start forming better eating habits and exercising. If not, well then, we don't need them clogging up the health-care system. Real consequences means good choices. Stop coddling these people who so thoroughly fail at life. If you have a shred of respect for yourself you won't be a fatass to begin with, you will take care of that before it's so severe.

      We could also do the same for people with any other addiction. Alcoholics, drug addicts, compulsive gamblers, compulsive liars, sex addicts, game addicts... the list goes on and on. We would need some large camps to concentrate these people into for effective use of some sort of solution with finality. Later, the program could be expanded to include anonymous cowards and anyone with any sort of medical defect such as hair that is not blond or eyes that are not blue.

    37. Re:Good by AK+Marc · · Score: 4, Insightful

      I don't understand why they don't just add a tax like $1/ounce for every beverage that contains carbs

      Ending the corn subsidies and dropping all restrictions on imported sugar would have the same effect. Crash goes the HFCS, and the market will settle a little better for the consumer.

    38. Re:Good by Fuzion · · Score: 2

      A regulation allowing anyone to legally work around its intent is more than ridiculous -- it has no substance and is the same as if it didn't exist at all.

      I don't think that statement is actually correct. There was an experiment done where people where told to eat until they were full out of a bowl of soup. And the amount people ate was strongly correlated to the size of the container, despite everyone believing they only ate the amount they needed.

      I believe intent of the law may be served nearly as well even if one or two additional drinks were free. i.e. $2 for the first 16-oz drink, and then second drink was free.

      There has been a lot of research in this area, that shows that the slightest nudge in the right direction can actually change people's behaviour quite a bit.

      --
      "Knowledge makes us accountable." - Che Guevara
    39. Re:Good by SuricouRaven · · Score: 5, Insightful

      People crave sugar because it kept their ancient hunter-gatherer ancestors alive. Those who sought and consumed high energy foods when they were available stored up energy to last them through the harsh times. This continues into modern times. Humans are genetically programmed to desire foods laden with fat and sugar above all else. All that has changed is the availability - where those ancestors would have had to search for unpicked fruit or brave the bees to steal honey, modern man just guzzles down coke whenever he wants to. He always wants to.

    40. Re:Good by cheekyjohnson · · Score: 2

      Because some things, like trying to combat copyright infringement, just seem like a complete waste of time and money.

      --
      Filthy, filthy copyrapists!
    41. Re:Good by jdavidb · · Score: 3, Insightful

      Only as a group can we fight back.

      But I don't want to do that. I've heard your arguments, and I don't want to participate. Should I be forced to participate anyway, for my own good?

    42. Re:Good by tftp · · Score: 2

      Those statements are contradictory.

      They are not, unless "doctors save people" means "we are all immortal now."

      Advertising stays in business only because it is profitable - not because it controls everyone's mind. A manufacturer with a 5% market share may gain 3% more customers but the cost of ads could be 90% of that increase in revenue - and it is still worth doing. But the manufacturer in the end only has 8% of the market, not 100%. Complete control is impossible; few men will buy a dress just because they saw a TV ad, and few women will buy rock climbing gear just because they got a flyer in the mail.

    43. Re:Good by Tim+the+Gecko · · Score: 4, Interesting

      The solution is to make you purchase your half pound of sugar in 3 cups. If making giving yourself diabetes slightly inconvenient is "government tyranny" then we probably need more of it.

      Mod parent insightful.

      Here's a great New Yorker article about why the law will probably work very well.

    44. Re:Good by jcr · · Score: 2

      Do you believe that it's appropriate to put a gun to someone's head because you think they're drinking too much soda?

      Government is not reason, it is not eloquence, it is force.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    45. Re:Good by mdmkolbe · · Score: 2

      Restaurants started using larger containers to ... trick customers into buying more than they want or need.

      Methinks your theory has a hole. If I'm getting free refills, then the restaurant doesn't benefit from me drinking more. They benefit from me drinking less (i.e. same revenue at lower cost to them). Even if they charged for refills, they would make more money with smaller cups as that means more refills (i.e. more revenue at the same cost to them).

      (An important factor here is that two 8oz cups of soda are prices to cost more than one 16oz cup.)

    46. Re:Good by deanklear · · Score: 4, Interesting

      If there's public support for a law, it's not tyranny. It's a law in a democracy.

      I find it strange that there's so much coverage of a simple law designed to reduce consumption of what amounts to a cup of poison that is enormously expensive for our society in the long run. If you really want to fill your body with empty calories and caffeine, you are free to do so. It's just slightly less convenient.

      And now I get it. You can take away an American's right to due process. You can take away their right to be free of unreasonable searches and seizures. But don't make the ultimate mistake and deny their right to idiotic convenience.

    47. Re:Good by gman003 · · Score: 2

      The 3-liter bottles seem to be used by the "cheap store-brand or off-brand sodas". I have a 3-liter bottle of "Super Chill Pineapple Soda" in my fridge right now, and I recall the Food Lion branded sodas coming in 3-liter bottles as well.

    48. Re:Good by dskoll · · Score: 3, Interesting

      so the answer to coporate tyranny is what? government tyranny on top of/next to it?

      In a democracy, the government is accountable to the people. A corporation is only accountable to its shareholders.

      As unpopular as this opinion may be in the USA, I'd rather have the government making these sorts of rules rather than leaving it up to the private sector. At least you get a chance to vote out the government every few years.

      The New York law is a very sensible public health measure that is (alas) doomed to failure because of corporate power and the inability of the US system of government in recent times to actually achieve anything worthwhile.

    49. Re:Good by nabsltd · · Score: 2

      There was an experiment done where people where told to eat until they were full out of a bowl of soup. And the amount people ate was strongly correlated to the size of the container, despite everyone believing they only ate the amount they needed.

      One problem with this sort of experiment is the "starving college student given free food" demographic.

      I know of one such poor college student who ate nearly the entire turkey when invited to a friend's house for Thanksgiving, but the next week of eating a few hundred calories a day easily made up for it. This allowed money to be re-allocated for other necessities, like rent.

      I've never been that bad, but I still tend to eat most everything served to me (especially at restaurants), and if it's a lot, I just don't eat as much as usual the next meal (or two).

    50. Re:Good by khallow · · Score: 2

      Your free will isn't as all-powerful as you think it is. There are a great many people spending billions of dollars every year on cutting edge science to control your purchasing decisions, and you don't stand a snowflake's chance in hell against them. Only as a group can we fight back.

      Bullshit. How come "fighting as a group" means some bunch of knuckleheaded bureaucrats get to tell me how to act and what I can buy? There's not even the illusion of freedom there.

    51. Re:Good by ganjadude · · Score: 2

      we do... do you know how many "addicts" are in prison??? over half of all inmates are there for an addiction, nothing else

      --
      have you seen my sig? there are many others like it but none that are the same
    52. Re:Good by Jane+Q.+Public · · Score: 2
      This.

      If they get away with it, next will be pornography, then any art that anybody even thinks somehow resembles pornography (they have done this to historical works in D.C. already), then condoms, then public speech at local government meetings, then...

      First they came for the socialists, and I didn't speak out because I wasn't a socialist.

      Then they came for the trade unionists, and I didn't speak out because I wasn't a trade unionist.

      Then they came for the Jews, and I didn't speak out because I wasn't a Jew.

      Then they came for me, and there was no one left to speak.

      -- pastor Martin NiemÃller (1892â"1984)

      Slippery Slope is only a fallacy when it's used inappropriately.

    53. Re:Good by khallow · · Score: 2

      I wonder why crap like this gets modded as "insightful". I can only guess that this poster has no sense of history. Something like this isn't going to stop with regulating the size of your drinks. Don't get me wrong, sure it'd be nice to have a healthier public, but I'd rather have a free, fat public than a enslaved, skinny public.

    54. Re:Good by LordLimecat · · Score: 4, Interesting

      find it strange that there's so much coverage of a simple law designed to reduce consumption of what amounts to a cup of poison that is enormously expensive for our society in the long run.

      Because its fundamentally not the job of a government to tell me how to live my life. Its job is to enforce law and order (keeping others from doing me harm), maintain basic infrastructure, and keep foreign countries from invading.

      Im not sure where anyone got the idea that democracy should extend to voting on how I live my life, but that sounds awfully oppressive to me.

    55. Re:Good by LordLimecat · · Score: 3, Insightful

      You can't say advertising works while simultaneously thinking that it doesn't allow some form of control over people.

      What youre arguing is like equating eloquence to brainwashing. Something can be persuasive without robbing you of personal volition, as is being suggested.

    56. Re:Good by tbird81 · · Score: 2

      You seem like a control freak. Why don't you mind your own business?

      Actually, I think you need some exercise. I mandate having a cop in your room, waking you up at 5am and making you run 5 miles every morning. And no more alcohol at all for you. No computer games, and a limit to internet access - 5 hours per week - it rots your brain.

      If we need to take the internet off the little nerd to let him live a life, then so be it.

    57. Re:Good by Formalin · · Score: 2

      Please point out these current (or past, for that matter) examples of communism.

      Hint - there aren't any. Maybe some tiny communes or colonies come close.

      'Authoritarianism' is the word you're looking for.

    58. Re:Good by AK+Marc · · Score: 2

      But the prices will change, as will the taste. That will change consumption, even if the contents were chemically indistinguishable.

    59. Re:Good by SuricouRaven · · Score: 3, Insightful

      Because fighting instincts is hard. Telling people they just need to control their diet is about as effective as abstinance-only sex education. An effective response needs to examine the underlying instinct and either find a way to make it easier to control, or allow people to indulge while removing the negative consequences of doing so.

    60. Re:Good by rHBa · · Score: 4, Funny

      How about narrower door ways, I know the cat flap was quite good at keeping my cats weight down.

    61. Re:Good by rHBa · · Score: 2

      How many millilitres are there in an American litre anyway? *ducks*

    62. Re:Good by Anonymous Coward · · Score: 2, Insightful

      (keeping others from doing me harm)

      If a Cigarette company is slowly and most certainly killing you, then isnt it the Governments job to stop them?
      If the Alcohol companies are slowly and most certainly killing you, then isnt it the Governments job to stop them?
      If the Soda/Fastfood companies are slowly and most certainly killing you, then isnt it the Governments job to stop them?

      Im not sure where you got the idea that Democracy dosent extend to telling you how to live your life when your being murdered by companies and driving up healthcare costs for the rest of us........

    63. Re:Good by Walter+White · · Score: 2

      ... it is NOT the governments decision, it is my decision or if im am a child my parents decision, no one elses. Last time I checked this IS still america.

      Until your decision affects me. When your poor choice causes health care costs to go up and when those costs are shared among the rest of us, then I have a stake in that decision.

      Moreover, I do not expect the law to stand. However it does draw attention to the problem and may help to reduce the problem that way.

  2. Silliness by betterunixthanunix · · Score: 3, Interesting

    http://www.cbsnews.com/8301-504763_162-57506856-10391704/nyc-school-lunches-fall-below-minimum-calorie-requirement/

    Frankly, New York City can do more to improve its citizens' health than banning certain sizes of HFCS drinks (because calling them "sugary" simply ignores the fact that soda can be made using real sugar).

    --
    Palm trees and 8
    1. Re:Silliness by Kickasso · · Score: 3, Informative

      Both Coca-Cola and Pepsi do make real cane sugar drinks. You just need to know where and when to look for them.

    2. Re:Silliness by Rockoon · · Score: 3, Insightful

      While soda can and used to be made using real sugar, they haven't from the big corps in quite awhile.

      Early 1980's, import tariffs, import limits, and a mandatory price floor even for sugar produced locally were established by our "its for your own good" government. The upshot of all this is that Americans need to spend 3 to 4 times as much for sugar as the rest of the world does.

      The only solution is to make it illegal to try to legislate new victim-less crimes into existence, because unlike the "crimes" they are trying to prevent.. these legislations arent victim-less.

      --
      "His name was James Damore."
    3. Re:Silliness by Raenex · · Score: 2

      Frankly, New York City can do more to improve its citizens' health than banning certain sizes of HFCS drinks (because calling them "sugary" simply ignores the fact that soda can be made using real sugar).

      What's silly is your assumption that HFCS is a problem and not cane sugar, or the idea that cane sugar is a good nutrient to pad calories with. "Sugary" is meant to cover both cane sugar and HFCS.

      Here's some quotes from the ban:

      "(1) Sugary drink means [..] (B) is sweetened by the manufacturer or establishment with sugar or another caloric sweetener;"

      "Americans consume 200-300 more calories daily than 30 years ago, with the largest single increase due to sugary drinks.10 Sugary drinks are also the largest source of added sugar in the average American's diet, comprising nearly 43% of added sugar intake.11 A 20 ounce sugary drink can contain the equivalent of 16 packets of sugar. These drinks are associated with long-term weight gain among both adults and youth.12,13,14,15 With every additional sugary beverage a child drinks daily, his/her odds of becoming obese increase by 60%.16 In addition, high consumption of sugary drinks is linked to an increased risk of heart disease and diabetes.17,18,19 These drinks are the primary source of added sugars (sugars and syrups that are added to foods or beverages when they are processed or prepared) in children's diets.20 Sugar intake has also been linked to heart disease risk factors in adolescents.21"

      And it's been posted before: Is Sugar Toxic?

    4. Re:Silliness by Raenex · · Score: 2

      sucrose has more fructose in it than HFCS does

      No, it's called high fructose corn syrup for a reason. Sucrose is a 50-50 fructose-glucose split. HFCS, as used in soft drinks, is generally 55% fructose.

  3. That is seriously an unhealthy amount by Anonymous Coward · · Score: 5, Interesting

    The daily reference intake for sugar states that added sugar should nto exceed 25% of calories.
    For a 2000 Cal intake that is 500 Cal. The 7-eleven shitty "super gulps" and whatever exceed this
    in a single serving.

    If you ask me they should just go and make a law that a single serving cannot contain more than
    50% of the reference intake. That way you can sell those stupid 5 pint "drinks". You just would not
    be allowed to have half a pound of sugar in them.

    1. Re:That is seriously an unhealthy amount by firex726 · · Score: 2

      Plus, why could I not then just drink multiple ones?
      Makes as much sense as those TSA rules about x amount in a bottle. So instead of one big bottle that's not allowed, you put the solution in two small ones, each of which is allowed.

      > I cannot sell you this 16oz cup of soda, but you can buy these two 8oz for the same price.

    2. Re:That is seriously an unhealthy amount by dyfortune · · Score: 2

      You have missed my point. I'm describing a situation where I'm free to do what I want but I don't have the independence to do it in response to AC. Real freedom is making your own choices and having the ability to carry them out not taking care of yourself from the moment you are borne.

    3. Re:That is seriously an unhealthy amount by hawguy · · Score: 5, Insightful

      Plus, why could I not then just drink multiple ones?
      Makes as much sense as those TSA rules about x amount in a bottle. So instead of one big bottle that's not allowed, you put the solution in two small ones, each of which is allowed.

      > I cannot sell you this 16oz cup of soda, but you can buy these two 8oz for the same price.

      It doesn't make sense if the goal is to prevent all people from consuming more than x ounces of soda.

      However, public health policy is not about solving every fringe case - it's about changing behavior in the general population. Sometimes public health policy decisions can even be harmful for certain individuals, but the overall health benefit is worth it (i.e. a small percentage of the population may be allergic to a vaccination, but overall vaccinations save more lives than are lost to complications from the vaccine).

      I can believe that banning soda sizes larger than 16 ounces will result in a net decrease in consumption. There are certainly going to be some people that, when limited to a "tiny" 16 ounce soda, they'll get around the ban by buying two 16 ouncers when they really just wanted a 24 ounce soda, but 2 sodas are harder to carry than one, and are in general more expensive (though I wouldn't be surprised to see 2-for-one specials after the ban (Buy one 16 oz and get one free!). It seems unlikely that many people are going to buy a hot dog from a vendor and try to juggle two 16 ounce sodas in their hands - but if they really need that much sugar, they still have that option, which is why these plaintiffs will probably not win this lawsuit.

    4. Re:That is seriously an unhealthy amount by uncqual · · Score: 2

      Probably they will start having permanent 2-for-1 specials on "spill proof" cups of soda containing 12 oz. of soda and 12 oz. of air to prevent spills from sloshing.

      Perhaps some customers will notice that they can pour one into the other and throw out the now empty cup. Outside of the additional landfill fodder and greenhouse gases from the production and transportation of twice as many 24 ounce cups, all's back pretty much to normal.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    5. Re:That is seriously an unhealthy amount by epyT-R · · Score: 2

      However, public health policy is not about solving every fringe case - it's about changing behavior in the general population.

      It is not the job of government to 'change behavior in the general population' in free countries. This public service mandate -> public healthcare -> draconian control over diet 'unreasoning' is the kind of thinking that leads to tyrannical socialism. to hell with that.

    6. Re:That is seriously an unhealthy amount by robot5x · · Score: 2
      and yet it is only government policies which have:
      • encouraged immunisation uptake to reduce infectious diseases
      • implemented sanitation policies which have improved drinking water quality
      • legislated around building control and sewerage/waste effluence
      • What's your guess about how influential these measures have been in increasing life expectancy and reducing infant mortality over the last 100 years or so?

      --
      Hej! Nasi tu byli!
    7. Re:That is seriously an unhealthy amount by PrimaryConsult · · Score: 2

      You can still purchase as much soda as you like, you just can't purchase it in large containers. Sounds like a balance between public health and freedom to choose.

      As someone who likes to buy a large (32oz) beverage at fast food places with lunch and sip at it my leisure for the rest of the day whenever I'm in NYC: fuck you. Even if the price is the same, I will be stuck having to carry two containers, and make damn sure to chuck the extra one in the middle of the street, hopefully to get lodged in a storm drain and cause some flooding.

      But hey, it's better than letting people control their own portioning, right?

    8. Re:That is seriously an unhealthy amount by dskoll · · Score: 2

      Even thin individuals are punished by nonsense like this

      Punished?? Being unable to buy 700mL of soda in one container instead of two is punishment?

      Don't be ridiculous.

  4. A liberal city. by MindlessAutomata · · Score: 3, Insightful

    I'm not conservative... But I have to say, I recall a LOT of liberals flaming conservatives for implying that laws such as these would ever be passed in health care related arguments... Looks like the right was on the money about that for once.

    1. Re:A liberal city. by epyT-R · · Score: 2

      when it comes to city republicans, there's hardly much difference.

    2. Re:A liberal city. by AK+Marc · · Score: 2

      Only when you define all defenders as "the left".

  5. Re:16oz is very small by Anonymous Coward · · Score: 3, Insightful

    16oz is HUGE. You know that soft drinks used to be sold in 6 (yes, SIX) oz bottles, and that was considered a reasonable serving size? People would drink the 6 oz soft drink and be quite content with that.

    You live in a world that has gone mad, and your idea of what is "normal" has been formed in that mad world. It's why over 80% of the population in many areas is considered either overweight or obese. It's why childhood obesity used to be nearly unheard of, and is now common. It's why diabetes is impacting more and more of the population each year.

    I don't think restricting portion sizes is a good idea, but good god, people need to stop thinking 16 oz is a "normal" serving size for a sugar soda.

  6. Ban Orange Juice Too by jamesl · · Score: 2, Insightful

    OJ has about 15 calories per ounce.
    Coca Cola has about 12 calories per ounce.
    In each case it is pretty much all from sugar but there's nothing in the law prohibiting large servings of orange juice.

    Morons.

    1. Re:Ban Orange Juice Too by artor3 · · Score: 3, Insightful

      You're right that OJ is also high in calories, but how often do you see people ordering an entire quart of OJ to drink in one sitting the way they do with soda?

  7. soda ban science misinterpreted by jayrtfm · · Score: 4, Informative

    Bloomberg has cited a study as evidence that the ban is needed. Too bad that the scientists who did the study say that he totally missed the point.

    1. Re:soda ban science misinterpreted by PrimaryConsult · · Score: 2

      *Mod parent up!*

      Good points from the article for the lazy:
      -People who feel like they've been "good" for one meal will simply compensate by eating worse for the rest of the day
      -A construction worker who buys one large drink and nurses it all day would be impacted. (I would include tourists and shoppers in this as well).

      And the best one:
      -If this fails, no one will try anything like it anywhere in the US for a *very long time*, preventing any actual worthwhile legislation from being passed.

  8. I don't think so. by mosb1000 · · Score: 3, Interesting

    Your free will isn't as all-powerful as you think it is.

    I seem to be able to decide for myself which products I buy. I can't recall the last time I bought something and later regretted it, but then again I don't buy much. I don't have some superhuman form of free-will. I just take the time to think about what I'm doing before I do it. Just because some people don't do this doesn't mean that everyone lacks self-control. If you were to legislate to the lowest common denominator, you'd have to legally prescribe every action a person can take to make sure they were all safe.

    On the other hand, I do seem to be incapable of resisting the government. The threat of imprisonment is enough to compel me to pay my taxes and conform to federal rules and regulations. So you can see why I'd be concerned by frivolous government interventions such as this ban. Every one of them has the potential to harm me.

    There's nothing wrong with enlisting the support of others to stop abuse, but there are other ways of doing that which don't have so much collateral damage.

  9. 16 oz is less than 500ml by FooAtWFU · · Score: 4, Interesting

    500ml bottles are common in the industry and correspond to a 16.9oz beverage. My conclusion is: this policy is a secret attack on the metric system.

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  10. Re:16oz is very small by Aryden · · Score: 2

    Or people could drink any size soda they wished and GET OFF THE FUCKING COUCH AND DO SOME PHYSICAL ACTIVITY. For fuck's sake. You're raving about a solution to a problem that isn't a solution, it's not even a stop-gap. PHYSICAL ACTIVITY is the ONLY real counter-measure to obesity.

  11. Are they like bartenders? by GoodNewsJimDotCom · · Score: 2

    You'd think people would just order another pop. "I'd like to order another pop please. " Subway employee,"Sorry sir, you look visibly hydrated. I can't serve you more beverage."

  12. Sugar, the bitter truth. by AbRASiON · · Score: 2

    http://www.youtube.com/watch?v=dBnniua6-oM

    I've been reading and reading and reading about sugar for the last couple of months and that video is really something everyone should watch. The stuff is quite genuinely addictive, I'm sure in very very low quantities it's quite FUN to eat but it does nothing for you, the problem is what it does to your body - I'm quite horribly addicted to the stuff.

    Watch that video and get educated on the stuff.

  13. Re:Let's take a poll... by Fallen+Kell · · Score: 2

    Yes because Arnold was obese his entire life according to this calculation. This calculation is full of sh** and always was. If it says one of the healtiest people is obese, the formula is worthless.

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
  14. Re:bääääh by retchdog · · Score: 2

    it's usually cool. there are expensive bottled waters, but you can ask for tap.

    i only had an issue once. starbucks told me i couldn't just order tap water, and then i told them I'd pay a reasonable price (rent is expensive after all). they were confused, and it went up to the manager (lol), who charged me 50 cents (including refills).

    it's something i like about Manhattan. if someone tells you no, you can often tell them you're willing to pay, and they will change their mind quickly.

    --
    "They were pure niggers." – Noam Chomsky
  15. Re:16oz is very small by sjames · · Score: 2

    A '16' oz drink will often be mostly ice. It might contain as much as 6 oz of soda, I suppose.

  16. Re:16oz is very small by Culture20 · · Score: 2

    me personally, have trouble finishing a 12 ounce can of soda.

    Perhaps you don't know where cans' erogenous zones are located?

  17. Stop Double Taxing us on Sodas. by JohnRoss1968 · · Score: 2

    If they really wanted to make people stop drinking large amounts of sugary drinks they could do so very easily.
    And they could do it by LOWERING YOUR TAXES.
    Yes by lowering your taxes. here's why.
    Every year the US Government taxes it's citizens and then takes that money and does things with it. Most people know about this. What most people don't know is what that money is spent on.
    Some of that money is spent on subsidies for farmers. This allows the farmer to sell his products at a lower cost to the consumer.
    In 15 years, corn farmers raked in $77.1 billion in subsidies. 77 Billion with a B.

    This is why corn sweeteners are so cheap. And why soda makers use it to sweeten your sodas.
    Now law makers want to tax sodas under the guise of the "LOOMING HEALTH CRISES".
    So just to recap.
    The Government taxes you.
    Part of that money goes to making sodas cheaper.
    You buy sodas.
    The Government taxes you again.
    And its not just soda. The Government does the same thing with tobacco. Your tax money is being given to cigarette makers. And then your taxed again for buying them.
    Here is an idea. That money that the Government taxes us to subsidize corn.
    DON'T TAX US FOR THAT.
    What would happen? The price of corn would go up to where it should be in the first place. Everything that is cheaper due to the artificially low prices of corn sweeteners would rise. Thus the cost of soda would go up and less sodas would be bought. All the while saving everyone money.

  18. Re:bääääh by AlphaWolf_HK · · Score: 2

    Ummm...water and juice are both 100% chemicals. The classic definition of a chemical is a substance that was created through a process of configuring molecular structures. Water and juice both fit that bill. I think what you're looking for is the difference between chemicals existing in nature, and ones that are synthesized by man. When you think about it, any form of cooking or fermenting we do results in synthesized chemicals, even something as basic as baking bread or making wine.

    What I'm getting at is that the notion of something being a chemical making it bad for you is just retarded. If you're truly paranoid about synthesized chemicals, I might point out that even organic farms use pesticides. Your body itself is really just a bunch of chemical reactions taking place in a controlled manner. You can solve both of these problems for yourself by just never eating again.

    Also, lemonade tends to have a lot more sugar in it than diet soda.

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