Voting 8 to 0, Health Panel Approves Restriction on Sale of Large
Sugary Drinks
Published: September 13, 2012 - New York Times
The measure, championed by Mayor Michael
R. Bloomberg, is certain to intensify a growing national debate about soft
drinks and obesity, and it could spur other cities to follow suit, even as many
New Yorkers say they remain uneasy about the plan.
gThis is the single biggest step any city, I think,
has ever taken to curb obesity,h Mr. Bloomberg said shortly after the vote.
gItfs certainly not the last step that lots of cities are going to take, and we
believe that it will help save lives.h
The measure, which bars the sale of many sweetened
drinks in containers larger than 16 ounces, is to take effect on March 12,
unless it is blocked by a judge. The vote by the Board of Health was the only
regulatory approval needed to make the ban binding in the city, but the American
soft-drink industry has campaigned strongly against the measure and vowed
this week to fight it through other means, possibly in the courts.
gThis is not the end,h Eliot Hoff, a spokesman for New Yorkers for Beverage Choices, a
group financed by the soft-drink industry that opposes the restrictions, said in
an e-mail moments after the vote.
gBy imposing this ban, the board has shown no regard
for public opinion or the consequences to businesses in the city,h Mr. Hoff
wrote, noting a recent poll that showed 60 percent of New Yorkers believed the
plan was a bad idea.
Mr. Bloomberg is known for introducing ambitious —
and, some say, overreaching — public health policies, like bans on smoking in
bars and city parks and the posting of calorie counts on menus in chain
restaurants; they often catch on around the country.
Curbing obesity has been the latest goal of the mayor,
who has been concerned about high rates of diabetes and weight-related health
issues. More than half of adult New Yorkers are obese or overweight, according
to the cityfs health department, which said it believed 5,000 New Yorkers died
every year as a result of health problems related to obesity.
Critics of the mayorfs proposal — including some City
Council members and a mayoral contender, the former city comptroller, William C.
Thompson — said the measure could lead to small businesses losing money on
sales. An advertising campaign by the soda industry, which has so far cost more
than $1 million, stressed that the policy would restrict consumersf freedom to
buy beverages as they see fit.
But those positions were rejected on Thursday by the
board, which voted 8 to 0, with one abstention, to approve the measure. (The
board usually has 11 members, all appointed by Mr. Bloomberg. One was absent
from Thursdayfs hearing and another retired from the board this summer and has
not yet been replaced.)
gI canft imagine the board not acting on another
problem that is killing 5,000 people per year,h said Dr. Joel A. Forman, a board
member and professor at Mount Sinai School of Medicine, before voting in favor
of the proposal. gThe evidence strongly supports a relationship between sweet
drinks and obesity.h
Dr. Deepthiman K. Gowda, a professor of medicine at
Columbia University and a member of the Health Board, said he recognized that
the public had concerns about the plan. But, he said, he had seen firsthand the
deadly effect of obesity on patients he has treated in the city.
gThe same way that wefve become acclimatized and
normalized to sodas that are 32 ounces, wefve started to become acclimatized to
the prevalence of obesity in our society,h Dr. Gowda said. gThe reality is, we
are in a crisis, and I think we have to act on this.h
The member who abstained, Sixto R. Caro, is a former
president of the Spanish American Medical
Dental Society of New York who was appointed by Mr. Bloomberg in 2002. He
expressed concern that the plan did not do enough to lower obesity rates, and
said the city should take a more holistic approach.
Only establishments that receive inspection grades
from the health department, including movie theaters and stadium concession
stands, will be subject to the rules. Convenience stores, including 7-Eleven and
its king-size Big Gulp drinks, would be exempt, along with vending machines and
some newsstands.
The restrictions would not affect fruit juices,
dairy-based drinks like milkshakes, or alcoholic beverages; no-calorie diet
sodas would not be affected, but establishments with self-service drink
fountains, like many fast-food restaurants, would not be allowed to stock cups
larger than 16 ounces.
At a news conference on Thursday, Mr. Bloomberg
announced that the Barclays Center, the new basketball arena in Brooklyn that is
to open next week, would immediately begin complying with the new rules and
offer sugary drinks only in containers of 16 ounces or less.
Asked about the soda industryfs well-financed campaign
against his plan, Mr. Bloomberg responded with an amused look.
gI just spent roughly $600 million of my own money to
try to stop the scourge of tobacco,h the mayor said, as a round of laughter
began to rise in the room. gIfm looking for another cause. How much were they
spending again?h