NYC bans drinks over 16 oz.

Daily News Article   —   Posted on September 17, 2012

(by Jennifer Peltz and David B. Caruso, Denver Post) NEW YORK (AP) – The New York City Board of Health [made up of people appointed by the mayor,] passed a ban on the sale of some soft drinks on Thursday.  The ban applies to any establishment with a food-service license, including fast-food places, delis, movie and Broadway theaters, the concession stands at stadiums and other restaurants. They will be barred from serving sugary beverages in cups or bottles larger than 16 ounces.  The ban is set to take effect in March.

No other U.S. city has gone so far as to restrict portion sizes at restaurants to fight weight gain.  “We cannot continue to have our kids come down with diabetes at age 6,” said Mayor Michael Bloomberg.

The mayor rejected suggestions that the rule constitutes an assault on personal liberty. “Nobody is banning anything,” he said, noting that restaurant customers can still buy as much soda as they want, as long as they are willing to carry it in multiple containers.

He said the inconvenience is well worth the potential public health benefit, and likened the city’s actions to measures taken decades ago to phase out lead in household paint.

Others, though, likened the ban to Prohibition. A New York Times poll last month showed that six in 10 New Yorkers opposed the restrictions.  “It’s a slippery slope. When does it stop? What comes next?” said Sebastian Lopez, a college student from Queens. He added: “This is my life. I should be able to do what I want.”

The restrictions do not apply to supermarkets or most convenience stores, because such establishments are not subject to Board of Health regulation. And there are exceptions for beverages made mostly of milk or unsweetened fruit juice.

(Because convenience stores are exempt, the rules don’t apply to 7-Eleven’s Big Gulp, even though [it] has become Exhibit A in the debate over Americans’ eating habits.)

Some health experts said it isn’t clear whether the ban will have any effect on obesity. But they said it might help usher in a change in attitude toward overeating, in the same way that many Americans have come to regard smoking as [very bad].

The regulations follow other…health moves [by Mayor] Bloomberg, many of which were attacked as a push toward a “nanny state.”  …[These regulations include]: making chain restaurants post calories on their menus, banning trans fats in french fries and other restaurant food, banning smoking in private businesses and promoting breast-feeding over formula.

The Board of Health approved the big-soda ban 8-0, with one member, Dr. Sixto R. Caro, abstaining. Caro, a doctor of internal medicine, said [he was not convinced the plan would make a difference in fighting obesity]. …

The restaurant and beverage industries complained that the city is exaggerating the role sugary beverages have played in making Americans fat.

“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 has gathered more than 250,000 signatures on petitions against the plan.  He said the group is considering suing to block the rule.

“We will continue to voice our opposition to this ban and fight for the right of New Yorkers to make their own choices. And we will stand with the business owners who will be hurt by these arbitrary limitations,” Hoff said in a statement.

Enforcement will be carried out by New York City’s restaurant inspectors. Violations will carry a $200 fine.

Complying might prove complicated for some establishments.  Starbucks is trying to figure out whether the regulations bar it from selling its calorie-packed Frappuccinos in the 24-ounce size.  Another issue could be iced coffee, which many cafes sweeten with liquefied sugar. Customers might have to add the sweetener themselves.

Fast-food restaurants with self-serve soda fountains will be prohibited from giving out cups larger than 16 ounces, but people will still be allowed refills.

Manhattan pizza shop owner Vinnie Siena said halting sales of large sodas will hurt his already thin profit margin, unless he raises prices.  “I’m having a tough time as it is. They don’t want the little guy to survive, it seems,” he said.

Reprinted here for educational purposes only. By the Associated Press.  May not be reproduced on other websites without permission from The Denver Post.  Visit the website at


1.  Describe the ban New York City’s Board of Health approved this week.  (Be specific. To which businesses does the ban apply?  Which businesses are exempt?  Why?)
2.  When will the ban take effect?
3.  What penalties will imposed upon a business that does not comply with the ban?
4.  What is significant about the New York City ban?
5. Define the term “nanny state.”

6. Do you think this an example of the government having excessive control over the welfare of its citizens or is it an example of the government looking out for the well-being of its citizens? Explain your answer.

7. a) What types of behaviors should the government be able to tell you to do, or not to do?
b) Should these things be decided by the federal government, state government, county government, city government or the individual? Explain your answer. 

8.  After the Board of Health voted to enact the ban, Mayor Bloomberg tweeted that it was “the single biggest step any government has taken to curb obesity. It will help save lives.”  Do you agree?  Why or why not?
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Many New Yorkers wanted Mayor Bloomberg to bring his proposed large soda ban to the City Council (all of whom are elected officials).  However, knowing that the majority of voters opposed his proposed ban, the Mayor opted to bring this to the Board of Health (all of whom were appointed by the mayor).

New York City Board of Health (under the NYC Department of Health): (from

  • One of the world’s oldest and largest public health agencies, the NYC Department of Health has an annual budget of $1.6 billion and more than 6,000 staff. 
  • The 11-member Board of Health – appointed by the Mayor with the consent of the City Council – serve six-year terms.
  • Each Board member is a recognized expert, and the group represents a broad range of health and medical disciplines.
  • They serve without pay and, like judges, cannot be dismissed without cause.