Nanny State Suffers a Blow in New York: Court Overturns Soda Ban

[DamianTV]

http://www.infowars.com/nanny-state-suffers-a-blow-in-new-york-court-overturns-soda-ban/


The New York Court of Appeals, the highest court in the state, has overturned a ban on the sale of large soda imposed at the behest of Michael Bloomberg in 2012, who said the law was a response to childhood obesity.

The court ruled the city of New York exceeded its authority when it restricted the size of drinks sold by street vendors, stadiums, movie theaters, restaurants and delis. The regulation limited drinks containing sugar to 16 ounces.

The ban did not apply to drinks sold in grocery stores, diet sodas, drinks with more than 70-percent fruit juice, or that contain alcohol.

Beverage companies, restaurants and movie theater owners sued the city, arguing it did not have the authority to impose the restrictions.

The ban was put in place by a health board appointed by then mayor Bloomberg. A roving restaurant inspection team was responsible for enforcing the law.

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Yeah, its an Infowars link. Tough shit if you dont like it. Im sure there will be plenty of other sites that report the same thing you can post, although with much more Bias toward "We need a Nanny State"!

[dannno]

Oh well I'm sure there will be a contingent along soon who will not believe the contents of the article and assume the ban must still be in place.

[DaninPA]

Court upholds right to buy large sodas, stays silent about the right to keep and bear arms.

[DamianTV]

Oh well I'm sure there will be a contingent along soon who will not believe the contents of the article and assume the ban must still be in place.

Exactly how Propoganda works.

Once a source has been accused and discredited regardless of authenticity or accuracy, many will consider ALL information from that source to be Invalid. That guy is a Liar, therefore when he said the "glass is on the table" he is also WRONG, even if the glass really is on the table. Off topic of course.

Back on topic, does anyone here think that Govt has ANY Authority to regulate what you eat; IE literal Food Police?

[Anti Federalist]

Hah Hah!

About damn time.

[Anti Federalist]

Oh well I'm sure there will be a contingent along soon who will not believe the contents of the article and assume the ban must still be in place.

Ban?

Que?

[Thor]

http://www.infowars.com/nanny-state-suffers-a-blow-in-new-york-court-overturns-soda-ban/



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Yeah, its an Infowars link. Tough shit if you dont like it. Im sure there will be plenty of other sites that report the same thing you can post, although with much more Bias toward "We need a Nanny State"!

Here is the source infowars used: http://nypost.com/2014/06/26/highest-court-in-ny-refuses-to-reinstate-big-soda-ban/


Guzzlers prevailed Thursday as New York’s highest court refused to reinstate New York City’s ban on the sale of big sodas, ruling that the city’s health department overstepped its bounds when it approved the 16-ounce cap on sugary beverages.

The court largely ignored the merits of the ban in the 20-page ruling, but determined that the city’s Board of Health engaged in policy-making, and not simply health regulations, when it imposed the restrictions on restaurants, delis, movie theaters, stadiums and street cart vendors.

“The Board of Health engaged in law-making beyond its regulatory authority,” the opinion reads. “… It is clear that the Board of Health wrote the Portion Cap Rule without benefit of legislative guidance.”

The city had hoped Thursday’s ruling would overturn a lower court’s decision that blocked the restrictions after restaurants, theater owners, beverage companies and small stores sued.

“We are pleased that the lower courts’ decisions were upheld,” the American Beverage Association said in a statement after the decision was handed down. The restrictions, if reinstated, “would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice.”

City Health Commission Mary T. Bassett said the administration of current Mayor Bill de Blasio continues to look for ways “to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods.”

“Today’s ruling does not change the fact that sugary drink consumption is a key driver of the obesity epidemic, and we will continue to look for ways to stem the twin epidemics of obesity and type 2 diabetes,” Bassett said.

The case was decided 4-2, with the majority opinion written by Judge Eugene Piggott Jr. Piggott wrote that city health regulators appeared to carefully weigh the economic, social and health implications of the ban — a policy function that Piggott wrote was not the health board’s to exercise. The two dissenting judges wrote that they believe the Board of Health was within its rights to impose the ban, and that the judiciary shouldn’t “step into the middle of a debate over public health policy.”

The city hasn’t said whether it plans to try to appeal. But it’s unlikely that an appeal to the Supreme Court would be accepted because the case centers on local government authority and legislation, not federal issues.

Soda has been under fire for years, with health advocates saying the sugary beverages are unique in their harmfulness because people don’t realize how much high-fructose corn syrup they’re guzzling. The bad publicity has helped lead to a steady decline in US soda sales for nearly a decade. But other sugary drinks such as sports drinks and energy drinks have been growing.

To help curb consumption, lawmakers and health advocates around the country have proposed soda taxes in recent years. None has succeeded, however, in part because of heavy campaigning and lobbying from the beverage industry. In California, a measure that would have slapped a warning label on sodas was recently defeated.

In the meantime, Coke and Pepsi have also been rolling out smaller cans and bottles, some as small as 7.5 ounces. The idea is that people would be more willing to drink soda if they could control the portion sizes. The smaller sizes are also more profitable for companies.

[mad cow]

Back on topic, does anyone here think that Govt has ANY Authority to regulate what you eat; IE literal Food Police?

I don't,but many here do.Do a search on GMO's in the Health "Freedom" Forum,for many examples.

[LibForestPaul]

I do not think it overturned "ban on sodas". I believe it overturned who's authority is allowed to ban sodas. The City of NY still can ban sodas, but it has to come from a different institution.

[angelatc]

http://www.infowars.com/nanny-state-suffers-a-blow-in-new-york-court-overturns-soda-ban/



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Yeah, its an Infowars link. Tough shit if you dont like it. Im sure there will be plenty of other sites

Yeah, the same sites that AJ gets all of his his stories from, you mean.