On March 11 2013, the Huffington Post reported New York City will not have to worry about losing their sugary drinks over 16-ounces. A Manhattan state Supreme Court justice Milton Tingling over ruled the ban starting on Tuesday.
Soda makers, restaurateurs, movie theater owners and store owners sued, asking the judge to declare the measure invalid. In February, they asked Justice Tingling, to bar the city from enforcing the sugary drinks ban while the suit played out.
With one day before the ban was to go into effect, the ruling passed down rejected the ban and would not be passed.
Justice Tingling states“the loopholes in this rule effectively defeat the stated purpose of this rule.” He also states “the Board of Health went beyond its authority in approving the size limit.”
The restriction on sugary drinks was due to start on Tuesday, March 12. If approved by the court, a $200 sanction given to those in violation. This would not be enforced until June giving business owners’ time to change their glassware.
Mayor Michael Bloomberg had initiated this sugary drink ban of beverages over 16-ounces that had more than 25 calories per 8-ounces. Mayor Bloomberg proposed this ban because he said he wanted to help fight obesity in New York City.
Mayor Bloomberg said that New York City obesity rate have risen from 18 in 2002 to 24 percent in adults currently. He said that studied have shown drinking sugary drink on a constant basis past 16-ounces increases weight gain.
The city Health Commissioner Dr. Thomas Farley said “that obesity-related illness cost the government health programs about $2.8 billion a year in New York City alone’.
However critics say the measure is too limited to make a real difference in New Yorker waistline. The critics also say that the ban only hurt businesses as they would have to replace cups, glasses, menus and beverage bottles.
Had the ban been in effect Tuesday, beverage makers were looking at spending over $600,000 in changing bottles, labels and menus.
Theater owners have concerns about the ban as 20 percent of their profits come from consumers ordering large combo drinks.
Dunkin Donuts had decided and already printed information that customers were going to have to flavor and add their own sugar to their coffee.
James E. Brandt a lawyer for the American Beverage Association told the judge back in February “these are costs which these businesses are not going to be compensated for” and the money would be wasted if the court ultimately nixes the ban.
Sadly this is the case as many restaurants had already ordered 16-ounce glasses, and changed their menus to comply with the ban as they were sure that the ban would be approved since Mayor Bloomberg appointed the Board of Health Members.
The board’s chairman is the city Health Commissioner has supported Mayor Bloomberg effort since its inception in May 2012.
Some business such as Dallas BBQ decided not to replace any glassware until the ruling of the judge on Monday. A director of Dallas BBQ said they needed to wait, for the ruling because they would have to change 10,000 glasses for their10 locations.
If the ban would be approve it was going to affect restaurants, movie theaters, ball parks, delis and carts along Central Park. The ban affects corner stores and bodegas if the city defines them as “food service establishments”.