Apr 16, 2014 Last Updated: 20:18 PM EDT

Food Industry Coalition Files Lawsuit Against Soda Ban

Oct 15, 2012 01:22 AM EDT | By Sharon Robinson

  • print
Large Sodas
A poster by 7/11, which aims to save the Big Gulp, a large soda. If Mayor Bloomberg's plan goes well, the Big Gulp and other large sodas will be phased out. (Photo : flickr.com/ Mike Licht, NotionsCapital.com)

The soda industry filed a lawsuit to block New York Mayor Michael Bloomberg's decision to ban all sodas bigger than 16-ounces. The American Beverage Association, as predicted, sued in the New York State Supreme Court, to prevent the law from being implemented.

Bloomberg, with the support of the Health Advisory Board, passed the rule which bans sodas larger than 16-ounces from theatres, restaurants, stadiums and arenas. It was a step toward bringing down obesity rates in the city. More than half the population of New York is obese and a third is overweight.

Like Us on Facebook

The rule is set to take effect in March 2013.

The decision, however, was met with widespread opposition from food businesses in the city and from consumers. Bloomberg has been accused of running a "nanny state," where he dictates what the citizens can eat or drink.

"The ban at issue in this case burdens consumers and unfairly harms small businesses at a time when we can ill afford it," said the coalition of food businesses, according to a report in Bloomberg. "Defendants do not have the legal authority to adopt this beverage ban, and it is arbitrary and capricious in its design and application."

The food industry claims that Bloomberg only appointed those members in the Health Advisory Board who were bound to support the ban. The panel consisted mostly of health experts and doctors. The Health Department too has been accused of overstepping its authority. They also believe that sales of sodas are likely to go down following the implementation of this rule.

"The Board of Health absolutely has the authority to regulate matters affecting health, and the obesity crisis killing nearly 6,000 New Yorkers a year -- and impacting the lives of thousands more -- unquestionably falls under its purview," Marc LaVorgna, a spokesman for the mayor, said in a statement, according to the New York Times.

He further adds that the lawsuit is "baseless" and will only put the obesity epidemic in the spotlight.

According to the Associated Press, Bloomberg believes that removing large sodas from the market will keep people from consuming extra calories and "is a reasonable way to fight obesity."

"Nobody is banning anything," the mayor said when the plan passed, noting that someone who wanted a second soda could get one, reports AP.

The American Beverage Association is supported by the American Restaurant Association and the National Association of Theatre Owners of New York State.

 

 

© 2014 Food World News. All rights reserved. Do not reproduce without permission.
Featured Video : 3 Top Foods You Should Eat Every Day Necessary Nutrition for your body
Get the Most Popular Food Stories in a Weekly Newsletter
TrendingOn The Web
Food Biz
Kitchen

Zoe's Kitchen Leaps 73 Percent in Market Debut

Shares of Zoe's Kitchen Inc , a casual dining chain, rose as much as 73 percent in their market debut on Friday, underscoring strong investor appetite for U.S. restaurant-related stocks.

Pizza Hut

Pizza Hut Opens in Iraq

As an effort to expand its brand, Pizza Hut has opened its first location in Iraq.

McDonalds

McDonald's Closes Restaurants in Crimea as Conflict Heats Up

McDonald's is pulling out of Crimea. It turns out that the fast food chain has "temporarily" suspended operations at its restaurants as conflict heats up.

Food Tech
AROMAFORK

The Aromafork: New Gadget Enhances Meal With Built-in Scents

Need a way to improve your dining experience? Try the AROMAFORK.

Applebee's

Tablet on Tables Becomes Restaurant Trend

A high tech tablet on the table have become the hottest trend in restaurant dining.

Starbucks

Tip Your Starbucks Barista From Your iPhone

Starbucks announced that it will improve its mobile application that will allow customers visiting its stores to tip their baristas from their iPhone.