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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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649848 tn?1534633700
Bloomberg plans to appeal and feels certain that the bill will be upheld.
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Avatar universal
I love being told that I can't go into McDonalds in Times Square and get a large soda. MMMMM love me some intrusive government.
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585414 tn?1288941302
  The whole issue as well as the appeal is a waste of funding that could be used for education about nutrition without restictive legislation. Unfortunately the candiates in the next election in N.Y.C. that have the most popularity so far are in the city council and supported by Bloomberg so most likely there will be more of this type of idiocy.
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Avatar universal
Its stupid and doesnt make any sense. So penalize the restaurants sales for what reason? Just go to the seven eleven and buy all ya want! Just dont expect to get it in the restaurants? I dont see this going anywhere even on appeal and if it does, we should all be outraged. Whats next? Ice cream ban?
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Avatar universal
This is what politics is all about.  I love it....  
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Avatar universal
LOL, True Brice!

ILADVOCATE. I agree, and would it not make more sense to change the marketing strategy that goes after our kids? Like sugary cereal and such? I mean, this is off the wall controlling of the masses because you can? Well, uh no, you cannot! lol
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Avatar universal
I just think its wonderful that Bloomberg has the audacity to think that he is going to make New York live longer.  

" I mean, this is off the wall controlling of the masses because you can?"

I am really surprised that more New Yorkers haven't gone ape-$hit bananas over this guy!  He is out of line and has been... he wants to take over New York and tell everyone what to do and when to do it.
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973741 tn?1342342773
Glad the judge thew it out.  Enough said.  Give me my Dr. Pepper!!
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Avatar universal
LOL, Pepsi here! Large One!
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Avatar universal
It doesn't bother me a bit but I don't drink the stuff.
I heard it's not good for you so I quit drinking it and I heard the same thing about smoking so I quit smoking cigarettes too.
Hey, once you get the facts it's really empowering.

Yes we can!
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649848 tn?1534633700
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.
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203342 tn?1328737207
I rarely drink sodas and do try to eat healthy for the most part but really, it's my decision and it should be our own decision. Yes, make more awareness on how unhealthy these things are. I don't have a problem with that, but you can't force someone to be healthy. It has to be their choice. If you try to force someone to do anything, their natural inclination is to rebel, anyway, lol. That's just human nature. We're going to want what we're told we can't have, lol.
As I mentioned before, I think the first thing they could look at is to at least make some of these products a little healthier, like soda. The original soda didn't have high fructose corn syrup, it had real sugar. Even though we shouldn't have too much real sugar, either, at least it's better for you than that high fructose corn syrup c r a p. That stuff is terrible and it's in everything! I think that product right there is what's causing more cancers, obesity, diabetes, etc. I've read that it's actually better for you to have real sugar than even the fake stuff, though things like Stevia is better for you. I just think they could look into all that before just banning something. Maybe just try to make products a little healthier.
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Avatar universal
I agree the high fructose is much worse. I stopped drinking tha t stuff years ago, I get carbonated fruit juice (no fructose or sugar) when I get the urge for bubbly. My daughter says she is glad that I never bought it while they were growing up. Took her a decade to appreciate it though.:)

" I, too, quit smoking several years ago, but I'll stand by the rights of others to do so if they wish. "

In the S.F bay area, people get a lot of flak if they are smoking cigarettes publicly. People really feel like pariahs...unless they are smoking pot, ironically enough.



I, too, quit smoking several years ago, but I'll stand by the rights of others to do so if they wish.
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203342 tn?1328737207
that's funny, they're more accepting of pot smoking than cigarette smoking? Lol
I quit smoking several years ago and I think it's hardest when you watch loved ones smoke because I've seen the damage it can do and it makes me sad but again, you can't force someone to do anything they don't want to do. It has to be their choice.
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649848 tn?1534633700
Actually, I've read studies that show that HFCS is not any worse for the body than other types of sugar.

The fact of the matter is, you can't legislate good health...... maybe the insurance companies don't have such a bad idea....... don't insure people who practice bad health habits.  Once they stop the bad habit(s) - hopefully, before they develop related medical issues, they should be eligible for insurance again.

One thing that bothers me is the obesity issue........ there are so many things (lifestyles, medical/psychological issues, etc) that can cause/exacerbate obesity that I think it's totally foolish to pick just one aspect to try to fix it.  That's just plain silly.   I'm not obese, but I do have metabolic issues that make weight control extremely difficult and simply controlling sugary drinks (that I don't drink) does basically nothing.

As far as smoking, my hubby still does; it's not illegal, so I stand by his right to do so and my right to resume the habit if I ever chose to.
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973741 tn?1342342773
Smoking is different because it does involve other people.  some do not like the smell of it, the secondary smoke situation, or the mess it creates (I personally DO hate butts on the street).  
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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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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

"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
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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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
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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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
I am just having fun, pls don't get ruffled folks, this is not pointed at anyone.
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