NY sugary drinks limit ‘infringes on rights’

New York City’s limit on the size of sugary drinks is an “extraordinary infringement” on consumer choice, said a lawyer for the American Beverage Association and other critics in court yesterday.

“New Yorkers do not want to be told what to drink,” James Brandt told Manhattan state Supreme Court Justice Milton Tingling.

Opponents also are raising questions of racial fairness alongside other complaints as the novel restriction faces a court test.

The National Association for the Advancement of Coloured People’s New York state branch and the Hispanic Federation have joined beverage makers and sellers in trying to stop the rule from taking effect Mar 12.

Critics are attacking what they call an inconsistent and undemocratic regulation, while city officials and health experts defend it as a pioneering and proper move to fight obesity.

The issue is complex for the minority advocates, especially given that obesity rates are higher than average among blacks and Hispanics, according to the federal Centers for Disease Control and Prevention.

The groups say they are concerned about the discrepancy, but the soft drink rule will unduly harm minority businesses and “freedom of choice in low- income communities”.

The latest in a line of healthy-eating initiatives, the beverage rule bars restaurants and many other eateries from selling high- sugar drinks in cups bigger than 16 ounces (473ml).

Violations could bring $200 (€150) fines.

The city Board of Health approved the measure in September. Officials cited the city’s rising obesity rate — about 24% of adults, up from 18% in 2002 — and pointed to studies linking sugary drinks to weight gain.

Care for obesity-related illnesses costs over $4.7bn a year citywide, with government programmes paying about 60% of that, city health commissioner Dr Thomas Farley said.

“It would be irresponsible for [the health board] not to act in the face of an epidemic of this proportion,” the city says in court papers. The National Association of Local Boards of Health and several public health scholars have backed the city’s position.

The American Beverage Association and others, including cinema owners and Korean grocers, sued. They argue the restriction should have gone before the city council instead of being approved by the health board.

The lawsuit also argues the rule is too narrow to be fair. Alcohol, unsweetened juice, and milk-based drinks are all excluded, as are supermarkets and many convenience stores that are not subject to city health regulations.