NEW YORK—The clash between those for and against Mayor Michael Bloomberg’s proposal to ban sugary drinks larger than 16 ounces continued in full force Tuesday with a public hearing during the Department of Health’s board meeting. Debate centers on whether the ban infringes upon fundamental rights or is merely a way to make New Yorkers healthier.
Councilman Oliver Koppell (D-Bronx) said a ban would be “an obstruction of the rights of New Yorkers to choose for themselves.”
“While this is a minor intrusion, it is a disturbing exercise of government power,” said Koppell.
Many health professionals, however, have come out in support of the proposal.
“I think it is time to return to more reasonable sizes,” said Dr. Lisa Young, a nutritionist and adjunct professor at New York University. “We have grown accustomed to oversize portions, and we have come to expect them. My research found that portion sizes are now two to five times larger than in the 1950s—that is more than double the size.”
In her research, Young found that when McDonalds first opened, only a 7-ounce soda was offered; when Burger King first opened, they had a 12-ounce small and a 16-ounce large. Now, Burger King’s small cup size is 20 ounces, and its large is 42 ounces.
Cup sizes in movie theaters have also ballooned. The minimum size is at least 20 ounces, or 32 ounces in some theaters.
Restaurants and movie theaters are two key targets of the proposed ban. The proposal would affect any business that gets inspected for a letter grade by the Department of Health. These businesses would be limited to serving sugary drinks at a maximum of 16 ounces. But surrounding businesses, including convenience stores and grocery stores, would not be affected.
Councilman Dan Halloran (R-Queens), a former lawyer, said if passed, a “lack of uniform enforcement standards among similarly situated businesses will render this rule null.”
Critics said combating obesity is complex; problems such as not enough physical education in schools, a lack of access to healthy food in neighborhoods across the city, and New Yorkers needing more exercise were other issues that should be addressed.
“No one here is against stopping obesity,” said Robert Sunshine, of the National Association of Theater Owners. “But is this proposal really the best thing we can do as a city?”
Department of Health officials said people will drink less if the cup size is smaller.
The science on portion sizes is clear, said Dr. Kelly Brownell, a professor of Epidemiology and Public Health at Yale University, “As people are served higher portions they generally consume more food.”
Brownell said soda is being targeted because “these beverages are the single greatest source of added sugar in the American diet.
“They’re completely empty calories,” he added. “A Twinkie or a Cheeto has at least a little nutrition—these beverages have none.”
Honest Tea co-founder Seth Goldman said the proposed numbers are arbitrary. Under the proposal, drinks larger than 16 ounces would need to contain less than 35 calories per 8 ounces. Honest Tea’s 16.9 ounce bottles have 35 calories per 8 ounces.
Councilman Robert Jackson (D-Manhattan) said the owner of an Upper Manhattan small business asked him recently, “Now it’s soda. What’s next?”
The Department of Health will vote on the proposal in September. The board, which the mayor appoints, is thought likely to align itself with the mayor. If passed, the new regulation would take effect in March.
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