Sugary soda decision simply a 'temporary setback': NY mayor

After a judge struck down the 16-ounce (473-milliliter) size limit for sodas and some other sweet drinks as arbitrary and outside city health regulators' purview, Bloomberg defended it as a groundbreaking anti-obesity effort and all but challenged businesses to comply out of concern for their customers.

The big drinks ban sparked reaction from city streets to late-night TV talk shows, celebrated by some as a bold attempt to improve people's health and derided by others as just the latest “nanny state” law from Bloomberg during his 11 years in office. The New York Post has pictured Bloomberg as “Mayor Poppins” alongside stories about the ban.

“Despite yesterday's temporary setback, I don't think there's any doubt that momentum is moving in our direction,” Bloomberg said Tuesday during a visit to a Manhattan diner that is now voluntarily complying with the policy, ditching 20-ounce (600 milliliter) bottles of soda and reserving 24-ounce to-go cups for iced coffee.

“We are confident that we will win that (appeal), but while the legal case plays out, the conversation we started about the dangers of the portion sizes of sugary drinks has prompted many people ... to take action,” he said.

A few hours later, the city filed formal notice of its plan to appeal. The American Beverage Association and other business groups that sued the city said they felt the judge's decision was strong and were “confident in the ruling,”

The drinks limit follows other efforts by the Bloomberg to improve New Yorkers' eating habits, from compelling chain restaurants to post calorie counts on their menus to barring artificial trans fats in restaurant food to prodding food manufacturers to use less salt. The city has successfully defended some of those initiatives in court.

The city has also won fights over outlawing smoking in bars and offices, and has promoted breast-feeding over infant formula. Last week, the Bloomberg administration announced a campaign to warn young people they risk hearing loss from cranked-up earphones.

These efforts are a sign of how aggressively Bloomberg sees the city's role in pushing New Yorkers to improve their health habits and nudging other cities to do likewise. But it remains to be seen whether the city that was first to compel chain restaurants to post calorie counts and bar artificial trans fats in restaurant food will ultimately prevail in capping soda portions.

For now, though, the ruling it means the ax won't fall Tuesday on supersized sodas, sweetened teas and other high-sugar beverages in restaurants, hot dog carts, arenas and even coffee shops.

Monday's ruling came just hours before the restriction was to take effect, handing a victory to the beverage industry, restaurants and other business groups that called the rule unfair and wrong-headed.

“The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban,” the American Beverage Association and other opponents said.

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