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Mayor vows to press on after NYC soda rule nixed
NEW YORK (AP) - Eateries from corner delis to movie concession stands have gotten a last-minute reprieve from the nation’s first ban on big sugary drinks. But Mayor Michael Bloomberg is urging them to shrink their cups and bottles, anyway.
Hours after a judge struck down the 16-ounce 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.
“If you know what you’re doing is harmful to people’s health, common sense says if you care, you might want to stop doing that,” he said.
Besides, he said, the city expects to win on appeal.
It was 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.
The rule has sparked reaction from pizzeria counters to late-night talk shows, celebrated by some as a bold attempt to improve people’s health and derided by others as another “nanny state” law from Bloomberg during his 11 years in office.
On the “Late Show with David Letterman” Monday night, Bloomberg defended the ban but he also joked about his own “addiction.”
“As long as you don’t ban Cheez-Its,” he said. “Cheese-Its are OK. That’s my addiction.”
Jose Perez, a special education teacher, said Monday as he got a can of soda and a hot dog from a street vendor, “Really, I think it’s just big government getting in the way of people’s rights.
“I think it’s up to the person,” he said. “If they want to have a giant soda, that’s their business.”
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.
State Supreme Court Justice Milton Tingling said the restriction was arbitrary because it applies to only some sugary beverages and some places that sell them. For various reasons, it doesn’t cover alcoholic drinks or many lattes and other milk-based concoctions. Nor does it doesn’t apply at supermarkets or many convenience stores _ including 7-Eleven, home of the Big Gulp.
“The loopholes in this rule effectively defeat the stated purpose,” Tingling wrote in a 36-page ruling that examined the scope of power that should be afforded an administrative board for regulations.
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