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Judge throws out NYC’s ban on large sugary drinks

A New York state judge on Monday threw out a ban on large sugary drinks set to go into effect in New York City on Tuesday, calling the new regulation “arbitrary and capricious.”
Championed by Mayor Michael Bloomberg as a way to fight the city's growing obesity epidemic, the new regulation was to limit the sale of sugary beverages including non-diet sodas, fruit drinks, sweetened teas and other high-calorie drinks to just 16 ounces.
But the American Beverage Association and other business groups representing bars, restaurants and bodegas had sued to stop the new law, arguing, in part, that it would create an uneven playing field for businesses.
In his ruling, New York Supreme Court Judge Milton Tingling agreed with that argument, calling the new regulation "fraught with arbitrary and capricious consequences.
"The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole," Tingling said. "The loopholes in this rule effectively defeat the state purpose of the rule."
http://news.yahoo.com/blogs/ticket/judge-throws-nyc-ban-large-sugary-drinks-193247946--politics.html
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Avatar universal
You guys are cracking me up!
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649848 tn?1534633700
"I think you're reaching a bit too far there Barb. "   Maybe     But I still think it's diversionary........  :-)



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Avatar universal
I think you're reaching a bit too far there Barb.

Bloomberg is limiting the size of sugar drinks in an effort to divert us from the fact that the Congress is not attempting to reach a budget agreement?

I kind of doubt that is the reason - no I'm certain it isn't.
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649848 tn?1534633700
"Barb, I hope you're not going conspiracy theorist."

You know me better than that, I hope........ no conspiracy issue; I think they just like to take our minds off the real problems, by dragging out all this "fluff".  If we're busy with this kind of drivel, we might not notice that they still aren't even really trying to reach a budget agreement or some of the other things they need to be working on.  

And I do know that Bloomberg is a mayor, not a Congress person, but that doesn't keep him from out of the fray.
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Avatar universal
Oh yes, if only this were all we have to worry about.......another diversionary tactic?


Barb, I hope you're not going conspiracy theorist.
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649848 tn?1534633700
Oh yes, if only this were all we have to worry about.......another diversionary tactic?
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Avatar universal
It is a nice diversion.
Wish that these were be the real issues facing us, eh?
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649848 tn?1534633700
I only mentioned the smoking issue, because it was brought up by someone else and my point was that what we do to our body is, for the most part, our own business.  As long as smoking is not illegal, I'll stand for a person's right to do it, even though I don't and I don't like the smell of smoke.

Even when I did smoke, I was very conscious of who was around when I did and which way the smoke was blowing; seemed like it always headed for the non-smoker?  I also tried to be conscious of those with allergies, etc. That's common courtesy.

I know that people wanting more than a 16 oz drink can buy more than one....... that's not the point.  The point is that no one should have the right to tell another how large a drink they can purchase.

If they can start out dictating the size of drink, they can move on to the amount of fat, simple carbs, etc.  

SM - so sorry to hear about the dental work;  I hope you're feeling better by now.
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973741 tn?1342342773
try the laughing gas.  :>)
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Avatar universal
Oh geesh! I was not comparing the effects of smoking with effects of gum as a health related issue but more of an irritant. Hello? How much more can we digress here? I must have not made myself clear? again?  Or maybe I need some of that there laughing gas the dentist uses!
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973741 tn?1342342773
Thank you.  Ugh.  Dental work IS expensive.  That was another bummer today.  I was told my procedure was minor and would cost X and it was a much bigger deal and cost a lot more.  We do have dental insurance but it is pitiful.  They tell me that they'll send it in and 'bill me later'.  Can't wait to see that bill.  yeesh.  
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973741 tn?1342342773
Very true.  I think we all have the right to do what we will (good or bad) to our own bodies.  I was more thinking of how someone else's choices affect me.  I don't notice what the person at the table next to me is drinking but I do notice if they are smoking.  

I do drink one pop a day.  I have done so since I've been an adult.  My vice.  I've personally never felt like I need a big gulp----  it would take me hours to drink all that.  

But it isn't a big deal to me if people are drinking more pop than they should or if they eat a supersized meal of hamburger and fries.  ??  their choice.  I wouldn't care if people smoked either except it is messy and I don't like the smell while I'm eating or for my clothes to smell like it.  And I do have a child with allergies that I worry about.  But overall, I don't care if people smoke either.  

See what I'm talking about?  It's not that people choose to do it it is more of a 'where' for me.  
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Avatar universal
Sympathies to you. Dental work is treacherous. I need lots of it and am illogically relieved I cannot afford it...
Hope you feel better soon.
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Avatar universal
There is no comparison. Secondhand smokes causes cancer and respiratory disease.
High sugar intake can cause a number of health problems the most common being obesity. But it does not affect the person next to you.
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973741 tn?1342342773
Okay, this isn't a serious thread.  No rumpled feathers here.  

I just had a dentist appointment that was supposed to be minor and it ended up being over 2 hours long and they had to cut out a trench in my gum.  

This makes me dangerous for being overly crabby.  :>))
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973741 tn?1342342773
the difference of gum chewing verses smoking.  Let's see . . .   Well, true.  both can be dropped on the ground and looks awful and is disgusting to step on.  You lose me after that.  I've never smelled gum so strong that someone two tables over loses their appetite.  OR, I've never felt that my son with allergies might have a coughing jag while in the presense of a gum chewer.  My clothes have never smelled of being in the area of a gum chewer.  

So, I have no problem if people choose to smoke but comparing that to drinking sugary drinks and gum chewing and the effect on others around them??   Big stretch.  

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Avatar universal
I am just having fun, pls don't get ruffled folks, this is not pointed at anyone.
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Avatar universal
Gum is nasty but I have never known it to cause cancer due to secondhand chewing. lol
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Avatar universal
Not that I've ever been to New York City, but I can't imagine that soda pop is their biggest issue.....
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973741 tn?1342342773
Hm.  gum chewing verses smoking.  ???  I'm sure there are lots of studies on secondary gum chewing.  :>)
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Avatar universal
Mountain Dew, Dr. Pepper, Coca Cola, Sprite and the likes are the most important things to rid New York City of.  I find that hysterical....
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Avatar universal

"I'll have two of those little 16 ouncers if you please"!

Lol!
True enough. My son who, runs a couple of places to eat was bellyaching about the law and rights and I said something to that effect, "like omg, what about refills?"
I don't like Government interference so much but I don't see what the uproar is about. I would be a lot more worried about it being legal for a drone to take me out in my own country than someone saying I cannot buy a giant drink soda in one purchase.
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Avatar universal
"...Neither do I drink sugary sodas and I, too, quit smoking several years ago, but I'll stand by the rights of others to do so if they wish...."

It's great to see you so passionately defend the rights of soda drinkers and smokers.
But, the soda drinkers really weren't in jeopardy of being denied the right to drink sugary drinks or even having limits placed on the amount of sugary drinks they could consume. The limitation was on the size of a single serving container of sugary drinks and it wasn't even that small - one could still buy a whopping 16 ounce container filled with the sugary stuff!

"I'll have two of those little 16 ouncers if you please"!
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Avatar universal
Smoking does involve others if the smoker is rude for sure. But the same can be said for chewers of gum, EW! I cannot count the times I have stepped in the wad. Perfume is another for me. Getting next to someone who smells like the bathed in a flowery fragrance literally nauseates me. But I digress, if they were really worried about the health of one, cigarettes would have been the first to be banned. I dont believe its as a result of ones health that these attempts are being made. More like a power grab imo.
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