NYC bans big, sugary drinks at restaurants

New
York City Mayor Michael Bloomberg speaks at a news conference in New
York, Thursday, Sept. 13, 2012. New York City cracked down on supersized
sodas and other sugary drinks Thursday in what is celebrated as a
groundbreaking attempt to curb obesity and condemned as a breathtaking
intrusion into people's lives by a mayor bent on creating a ânanny
state.â (AP Photo/Seth Wenig) (Seth Wenig)

NEW YORK — New York City cracked down on supersized sodas and other
sugary drinks Thursday in what was celebrated as a groundbreaking
attempt to curb obesity but condemned as a blatant intrusion into
people's lives by a busybody mayor.

Public health experts around
the nation — and the restaurant and soft-drink industry — will be
watching closely to see how it goes over among New Yorkers, a famously
disputatious bunch. Barring any court action, it will take effect in
March.

The regulations, approved easily by the city Board of
Health, apply to any establishment with a food-service license,
including fast-food places, delis, movie and Broadway theaters, the
concession stands at Yankee Stadium and the pizzerias of Little Italy.
They will be barred from serving sugary beverages in cups or bottles
larger than 16 ounces.

No other U.S. city has gone so far as to restrict portion sizes at restaurants to fight weight gain.

Mayor Michael Bloomberg 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.

"We cannot continue to have our kids come down with diabetes at age 6," he said.

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 even apply to 7-Eleven's
Big Gulp, even though the belly-busting serving of soda 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 inconsiderate.

The regulations follow other
ambitious health moves on Bloomberg's watch, many of which were attacked
as a push toward a "nanny state."

Yet some have proved to be
national trendsetters, such as making chain restaurants post calories on
their menus. The city has also barred artificial trans fats in french
fries and other restaurant food, cracked down on smoking and promoted
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 the plan wasn't comprehensive enough.

Others spoke forcefully of the need for action to deal with an obesity crisis.

"I
feel to not act would really be criminal," said board member Susan
Klitzman, director of the Urban Public Health Program at Hunter College.
City Health Commissioner Dr. Thomas Farley called the rule "a historic
step to address a major health problem of our time."

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 claims to have 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.

Barring court intervention, 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 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.