Sugary Drinks Portion Cap Rule

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File:New York City soft drink size limit protest sign.jpg
Soft drink size limit protest sign placed on a delivery truck by New York's Pepsi bottler

The Sugary Drinks Portion Cap Rule,[1][2] a.k.a. the Soda Ban,[2] is a limit on soft drink size in New York City intended to prohibit the sale of many sweetened drinks more than 16 ounces (0.47 liters) in volume to have taken effect on March 12, 2013.[3] On June 26, 2014, the New York Court of Appeals, the state's highest court, ruled that the New York City Board of Health, in adopting the regulation, exceeded the scope of its regulatory authority.[1][4] The regulation is currently codified in section 81.53 of the New York City Health Code (title 24 of the Rules of the City of New York).

Regulation

Under the plan, all New York City regulated restaurants, fast-food establishments, delis, movie theaters, sports stadiums and food carts would be barred from selling sugar-sweetened drinks in cups larger than 16 ounces (0.5 liters). The regulation would not apply to drinks sold in grocery stores including 7-Eleven, which are regulated by the state.[5] In addition, the regulation would exclude: drinks that were more than 70 percent fruit juice, diet sodas, drinks with at least 50% milk or milk substitute, and alcoholic beverages.[6]

Support and opposition

The regulation was strongly supported by Mayor Michael Bloomberg and continues to be supported by his successor, Mayor Bill de Blasio. Approximately 32,000 written and oral comments were received in support of the proposal and approximately 6,000 comments were received in opposition.[7][2] Opponents include beverage companies such as PepsiCo and their independent bottlers and distributors serving the city, which have launched campaigns against the limit. These opposing companies claim the limit would affect lower income families in a negative way.[8] The proposed regulation was also opposed by New York State Conference of the NAACP and the Hispanic Federation, a representative organization for 90 Latino nonprofit agencies providing health and human services in the New York metropolitan area. Coca-Cola has been a major sponsor of the NAACP initiative for healthy eating. Pepsi and Coca-Cola have sponsored the NAACP New York State chapter annual conferences and Coca-Cola was the 2014 co-chair of the Hispanic Federation Gala.[9] City attorneys[who?] say the number of ounces doesn't matter, and that the number lacks scientific evidence.[10]

A public hearing was held on July 24, 2012 at 2 Gotham Center in Long Island City

Mayor Bill de Blasio continues to meet Mary Bassett, the city's commissioner for the Department of Health and Mental Hygiene, Lilliam Barrios-Paoli, the deputy mayor for health and human services, The Coca-Cola Company, PepsiCo Inc., and Dr Pepper Snapple Group in a continuing attempt to regulate the size of high sugary drinks. In September 2014, at the Clinton Global Initiative's annual conference in Manhattan, Coca-Cola, PepsiCo and the Dr Pepper Snapple Group voluntarily pledged to reduce US calorie consumption in sugary drinks by an average of 20% by 2025.[11]

History

On May 30, 2012, Mayor Michael Bloomberg announced the Portion Cap Rule, a proposed amendment to article 81 of the New York City Health Code, that would require "food service establishments" (FSEs) to cap at 16 ounces the size of cups and containers used to offer, provide and sell sugary beverages.[2] On June 12, 2012, the New York City Department of Health and Mental Hygiene (DOHMH) presented to the New York City Board of Health the proposed amendment.[2] On June 19, 2012, a notice of intention to amend article 81 was published in the City Record,[12] and a public hearing was held on July 24, 2012.[7]

On September 13, 2012, the Board of Health voted unanimously to accept the proposed limit.[13][14] The limit was to take effect six months after passage and be enforced by the city's regular restaurant inspection team, allowing business owners three[15] months to adapt to the changes before facing fines.[16][17] Those plans fell through due to the invalidation of the regulation by New York Supreme Court Judge Milton Tingling on March 11, 2013.[18] The mayor's office indicated that the city would appeal.[19] On June 11, 2013, the DOHMH went to court to fight the ruling that blocked the limit.[20] On July 30, 2013, the New York Supreme Court, Appellate Division ruled against the proposed limit, saying it violates "the principle of separation of powers" and the board "failed to act within the bounds of its lawfully delegated authority".[2][21]

On June 26, 2014, the New York Court of Appeals, the state's highest court, ruled that the New York City Board of Health, in adopting the Sugary Drinks Portion Cap Rule, exceeded the scope of its regulatory authority.[1][4][22]

See also

References

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External links

  1. ↑ 1.0 1.1 1.2 New York Statewide Coalition of Hispanic Chambers of Commerce v New York City Dept. of Health & Mental Hygiene, 23 NY3d 681 (2014).
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 New York Statewide Coalition of Hispanic Chambers of Commerce v New York City Dept. of Health & Mental Hygiene, 110 AD3d 1 (1st Dept 2013).
  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ 4.0 4.1 Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ 7.0 7.1 NOTICE OF ADOPTION OF AN AMENDMENT (§81.53) TO ARTICLE 81 OF THE NEW YORK CITY HEALTH CODE
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ Shelley, Donna, Gbenga Ogedegbe, and Brian Elbel. "Same Strategy Different Industry: Corporate Influence on Public Policy." American Journal of Public Health 104.4 (2014): e9-e11.
  10. ↑ Ross, Barbara. "LexisNexis® Academic & Library Solutions." LexisNexis® Academic & Library Solutions. Daily News, 12 June 2013. Web. 16 Apr. 2014. Web.
  11. ↑ Saul, M. H. Forward Push on Soda Ban. N.p., 15 Oct. 2014. Web. http://online.wsj.com/articles/new-york-city-mayor-bill-de-blasio-pushes-forward-on-soda-ban-1413421275
  12. ↑ City Rec, Jun. 19, 2012 at 1574
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ City Rec, Sept. 21, 2012 at 2602
  15. ↑ "New York soda ban grace period." Feedstuffs 21 Jan. 2013: 2. Academic OneFile. Web. 16 Apr. 2014. http://go.galegroup.com/ps/i.do?id=GALE%7CA317903253&v=2.1&u=jcl_jccc&it=r&p=AONE&sw=w&asid=42a8c8ac374cf6f43c2a59f393d39518
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ "New York soda ban grace period". Feedstuffs. January 21, 2013. Academic OneFile. Retrieved February 20, 2014.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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