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CBS/AP/ July 25, 2012, 12:49 PM

Opinions clash during New York City soda ban public hearing

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(CBS/AP) An overflow crowd clamored to get their opinions heard at a public hearing on the proposed citywide large soda ban on Tuesday. New York City's health board heard hours of testimony on a proposed rule that would limit soft-drink cup and bottle sizes at food service establishments to no larger than 16 ounces.

Medical professionals who favor a proposed ban on large-sized sugary drinks likened soda companies to Big Tobacco, saying the plan would protect the public, while opponents accused the city of playing Big Brother and wondered what tasty but unhealthy foods might be targeted next.

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NYC mayor proposes ban on sugary drinks larger than 16 ounces

Mayor Michael Bloomberg, who proposed the plan, said that he believed this would combat New York City's obesity problem. City estimates suggest that half of its residents are overweight or obese, according to CBS This Morning. Five thousand New Yorkers die every year from weight-related issues.

"This is becoming a devastating public health issue. It's an epidemic," Bloomberg said.

Medical experts spared no rhetoric in hailing Bloomberg's proposal as a way to protect the public from a soft-drink industry they said pushes carbonated calories on children and employs the same well-financed lobbying tactics as Big Tobacco.

One doctor said before the hearing that the calorie-packed beverages increase the risk of diabetes, and are responsible for a big share of the "massive suffering and premature death" linked to obesity.

"Soda in large amounts is metabolically toxic," said Walter Willett, a professor of epidemiology and nutrition at Harvard School of Public Health. "It's obvious that this is the right thing to do."

A 20-ounce bottle of Coca-Cola has roughly the same calorie count as a McDonald's hamburger, but Dr. Kelly Brownell, a psychology, epidemiology and public health professor at Yale University, said it is easier to over-drink than over-eat.

"You don't feel as full when you consume calories in liquids," he said. "These beverages are the single greatest source of added sugar in the American diet."

But, some pointed out that sodas aren't the reason for weight problems.

"I'm not overweight because of big-gulp sodas," said Brooklyn Borough President Marty Markowitz. "Frankly, I'm overweight because I eat too much pasta, pastrami, bagels, cream cheese and lox, red velvet cake, cheese cake."

Critics ridiculed the idea that city officials should regulate portion sizes.

City Councilman Daniel Halloran III called the proposal a "feel-good placebo" that would hurt profit margins at small businesses while failing to improve anyone's health.

He questioned whether a limit on the size of steak was around the corner.

Chris Gindlesperger, a spokesman for the American Beverage Association, scoffed at the notion that soda makers were similar to tobacco companies.

"There's no comparison," he said. "Cigarettes can kill you. ... Soft drinks are a treat to be enjoyed in moderation - they can play a role in a healthy, balanced and active lifestyle."

Another critical councilman, Oliver Koppell, called the ban "a clear overreaching of government into people's everyday lives."

"This infringement on the rights of New Yorkers leads us to ask what will be banned next?"

Joy Dubost, a nutritionist who works for the National Restaurant Association, said the proposal wasn't backed up by scientific evidence.

"It's not reasonable to blame or cite one product," she said, adding that the proposal "produces a false sense of accomplishment in the fight against obesity."

Several critics questioned why the city was making a proposal on sugary drinks a priority when some city schoolchildren have no physical education classes.

The proposal requires only the approval of the Board of Health - appointed by Mayor Michael Bloomberg - to take effect. But opponents could still sue to block the ban, or they could convince legislators to step in and block the proposal.

The board is scheduled to vote on the measure Sept. 13.

Since Bloomberg proposed the ban in May, opponents including members of the restaurant and soft-drink industries as well as libertarians have accused him of attempting to institute a "nanny state" with far-reaching government controls that infringe on individual choice. City officials, meanwhile, argue they are trying to save lives in the face of an epidemic that is killing 5,800 New Yorkers and costing $4 billion each year.

The portion size restrictions would only apply to food-service businesses regulated by the Health Department, including restaurants, food carts, sports arenas, delis and movie theaters. Grocery stores, drug stores and some convenience stores are regulated by the state and would be unaffected.

Drinks that are more than half milk or 70 percent juice would be exempt, and the rule wouldn't apply to lower-calorie drinks like water or diet soda, or to alcoholic beverages.

A poll conducted by NY1-Marist showed that 53 percent said the proposal is a bad idea, while 42 percent praised the concept. Forty-five percent thought the ban would help people lose weight, while 52 percent said they didn't think it would make any difference.

In a letter released Monday by The New England Journal of Medicine, New York University researchers said the ban could affect nearly two-thirds of drinks bought at the city's fast-food restaurants, according to a survey of more than 1,600 receipts. On average, if all sugary-drink buyers who switched from their normal size drink to a 16-ounce one could consume 63 calories less per fast-food outing. Currently, 62 percent of drinks purchased are over the proposed allotted size.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
11 Comments Add a Comment
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Sacameron says:
Wow, and I thought my state of California had too many laws. Holy Toledo I would consider myself to lean left of center but that is way too far. Some families like the larger cups because we can share. Honestly this is a true stretch of power and the people of NYC should be outraged. Plain old ridiculous and petty policies. Tackle some real issues Bloomberg like disaster preparedness.
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magnumdr says:
What is wrong with Bloomberg? Does he think that he can rule the city with an iron fist. Keep your ass out of everyones personal free choices Bloomberg! Who do you think you are, some kind of tryant?. Next he will be telling the people of NYC what they can and can't eat!
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thinkingonetoo says:
Read "Atlas Shrugged", ....keep the United States a Democracy. If you desire Socialism so much visit North Korea.
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fiddlestickawshucks says:
Dream on.

This is just one more attempt on the part of politicians to enable them to control every aspect of our lives.

It starts out small; what kind of lightbulbs we must use, what kind of cooking oils we can use etc. and proceeds slowly (so you won't notice) and eventually gets to the point where every aspect of your life is concerned.

Obama and Congress are practicing the same kind of treachery.

We have allowed 545 people to control our lives to the point where we are almost a third world country, and millions of Americans are suffering because of them.

No jobs, no funds for teachers, firefighters, police officers, millions homeless because the government refused to intervene when the banks etc. knowingly created the failure of our economy.

How much longer are we going to tolerate this crap.??

All of these actions committed by government are reported as " for our own good", "to HELP Americans improve their lives", 'to improve our safety here at home", while they are doing everything they can to undermine our Constitional rights and spend us into oblivion.

Any politician who claims to be in favor of "smaller government" is lying through their teeth.

Obama wants to nationalize every industry.

The Republicrooks want us to become a government of the 1% of the divided States.

Enough is enough.!!!

More and more I am hearing dire predictions of rioting here in the US when Americans finally wake up and see for themselves how we are being screwed out of our freedoms and literally everything we own.

It's all going to belong to the government, and they are setting it up so that we have no recourse against them.

TERRIFYING DOESN'T BEGIN TO DESCRIBE IT.!!!
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thinkingonetoo replies:
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You're onto something...read Atlas Shrugged if you haven't already.
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jho9 says:
This is a GOOD idea, because:

Like it or not, it is quite obvious that people are simply too dumb or incapable of taking care of their own health. In the face of our obesity epidemic, and the fact that we still have 20% of people smoking, you can't argue against this point. Now, here's the kicker: who pays financially for the poor health decisions of these people? I do, and so does everyone else who has health insurance (which is about to be everybody). That's right, because the costs of health care are ultimately shared across the population (which is, after all, the point of insurance). I happen to be a very health conscious person. I don't smoke, I don't drink soda or other sugary beverages, I exercise very regularly, etc. Why should my health insurance costs go up because other people refuse to take care of themselves? That's why I think if you're too dumb to do it yourself, the government needs to step in.

That being said, I think an excise tax on soda's in general of any size would be a better alternative, just like gasoline or cigarettes. People would freak out about that just as much, but it really is a good idea; then use the tax money to help cover health care. A 100% tax should do it, so a $1 soda would now cost $2, with $1 going to the government to offset the cost of your future heart disease or diabetes meds, and you can drink as much soda as you want since you're paying the cost of your future healthcare (and I don't have to).
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thinkingonetoo replies:
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You may want to read Atlas Shrugged, because after doing so you may think quite differently.
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zenyobushi says:
How about the government stays in their pretty little offices living their sheltered life and let American's make their own choices? If people want to be unhealthy, let them face the consequences of their own actions. No government should have this much control.
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BlueStateBlues says:
Because that wouldn't mean you would have to go to the gym, just that you have gym membership.

How about government stay the hell out of our lives? Stop punishing the masses for the few and let people decide what do for themselves.
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jonsid55 says:
Government has offered tax credits to people who buy efficient vehicles. How about a tax credit for people who join a gym?
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EmpireGeorge______-- replies:
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now I have to fund people going to the gym too ? how about buy your own vehicle, with your own money, and go to the gym and pay for it yourself.

While your idea is well intentioned, the idea of government attempting social change, through incentives or punishment is wrong, in my opinion.
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