CBS/AP/ May 31, 2012, 2:07 PM

Companies blast proposed NYC drinks ban

AP Photo/Thibault Camus

(CBS/AP) NEW YORK - Beverage and fast-food companies are attacking a proposed ban in New York on the sale of large sodas and other sugary drinks.

The Coca-Cola Company (KO) attacked the plan and encouraged residents to rally against it.

"The people of New York City are much smarter than the New York City Health Department believes," the company said in a statement. "We are transparent with our consumers. They can see exactly how many calories are in every beverage we serve. New Yorkers expect and deserve better than this. They can make their own choices about the beverages they purchase. We hope New Yorkers loudly voice their disapproval about this arbitrary mandate.''

NYC mayor proposes ban on sugary drinks larger than 16 ounces
Study: Sugary drinks each day ups men's heart disease risk by 20 percent
View: New York City's proposed ban on big sodas

The ban, proposed Wednesday by Mayor Michael Bloomberg in support of his administration's efforts to improve public health, would impose a 16-ounce limit on the size of sugary drinks sold at restaurants, movie theaters, sports venues, street carts, and other food service establishments. It would apply to bottled drinks as well as fountain sodas. 

New York food service establishments would be required to take 20-ounce soda bottles off the shelves and strike them from menus. Fast-food chains also would have to hand out cups no larger than 16 ounces regardless of whether someone purchases a diet drink; refills would not be prohibited.

The initiative is the latest health effort by the administration to spark accusations that the city's officials are overstepping into matters that should be left in the hands of individual consumers. For beverage makers, the issue is also one of dollars and cents, with the move potentially affecting sales in the country's largest metropolitan market. Other cities also could follow New York's lead with their own beverage restrictions.

Beverage industry trade groups reacted harshly to the plan.

"There they go again," said New York City Beverage Association spokesman Stefan Friedman in a statement. "The New York City Health Department's unhealthy obsession with attacking soft drinks is again pushing them over the top. The city is not going to address the obesity issue by attacking soda because soda is not driving the obesity rates."

McDonald's (MCD) also condemned the plan. The fast-food giant said in a statement that it informs customers of the nutritional content of its food and, in New York, details the caloric content of items on a menu board.

"Public health issues cannot be effectively addressed through a narrowly-focused and misguided ban," the company said. "This is a complex topic, and one that requires a more collaborative and comprehensive approach. McDonald's takes the well-being of our customers very seriously, and we continue to work, along with our supplier partners, to be part of the solution."

According to the New York City Department of Health and Mental Hygiene, 34 percent of adult New Yorkers are overweight and 22 percent are obese. One in five New York City kindergarten students are also obese.

City Hall officials, citing a 2006 study, argue that sugary drinks are the largest driver of rising calorie consumption and obesity. They note that sweet drinks are linked to long-term weight gain and increased rates of diabetes and heart disease.

The ban would apply only to drinks that contain more than 25 calories per 8 ounces. It would not apply to diet soda or any other calorie-free drink. Any drink that is at least half milk or milk substitute would be exempted.

The ban, which could take effect as soon as March, would not apply to drinks sold in grocery or convenience stores that don't serve prepared food. Establishments that don't downsize would face fines of $200 after a three-month grace period.

The proposal requires the approval of the city's Board of Health, considered likely because its members are all appointed by Bloomberg.

Under the three-term mayor, the city has campaigned aggressively against obesity, outlawing trans-fats in restaurant food and forcing chain restaurants to post calorie counts on menus. The mayor has also led efforts to ban smoking in the city's bars, restaurants, parks and beaches.

Bloomberg often cites the city's rising life expectancy numbers as proof the approach is working, but his efforts have drawn criticism from others who accuse him of instituting a ``nanny state.''

His administration has tried other ways to make soda consumption less appealing. The mayor supported a state tax on sodas, but the measure died in Albany, and he tried to restrict the use of food stamps to buy sodas, an idea federal regulators rejected.

City Hall's latest proposal does not require approval beyond the Board of Health, although public hearings will be held.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
6 Comments Add a Comment
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TampaBayTed says:
Bloomberg the Billionaire Bully. I thought he was a Republican mayor, not a Middle Eastern dictator.
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Fed-Up_Patriot says:
Although the mayor has good intentions - I now seem him as a direct threat not only to personal freedom & liberty but also to democracy itself. Mr Bloomberg needs to go back to grade school so he can relearn the principles of what our great nation was founded upon. Principals that our founding fathers fought so hard for to obtain and many generations following have also given their life defending.

First of all let me just say this. Our democracy was not built on the principals of kings, dictators, SOCIALISM, modern day oligopoly style corporate feudalism, or on the notion of "mob rule" style of democracy where one group of people can FORCE their will onto others. What the founding fathers laid out for us was the notion of personal responsibility, of certain inalienable rights such as life, liberty and the right to purse happiness. WHERE EVERYBODY HAS THE FREEDOM TO DO AS THEY PLEASE provided their activities do not interfere with the rights of others. The entire US constitution is written as a series of checks and balances to insure these rights of the people and also to LIMIT government's power over the people.

Mayor Bloomberg, DO NOT ignore the principals our country was founded upon. DO NOT spit on our liberty and throw our personal freedoms out with the bath water you Nanny state Marxist control freak!!! Who are these control freaks anyway to tell anybody else what do or how to live their lives? Where will they stop with this? I already know the answer to this one. They will not stop. If left unchecked here there will be no end to these bureaucrats meddling ever more with our lives. Mr Bloomberg, our personal freedoms and liberties came at far too great of a cost to show such pompous disregard. Never forget that.

True patriots defend the rights of other patriots when they see their rights being trampled upon. Let me tell you something. I'm not a smoker but when other people here in these comment sections also told me that Mayor Bloomberg also systematically banned smoking practically EVERYWHERE in New York city including OUTSIDE... I'm outraged. How does someone smoking outside - INFRINGE upon anyone else's rights to do as they please? I can understand the second hand smoke argument being a problem inside - but to apply this outdoor spaces is beyond ridiculous.

I use to respect this man not just a little but a lot. Now I'm extremely puzzled what to think. For forgetting the very principles this country was founded on, for walking all over that which true American's cherish the most - our personal liberty, Mayor Bloomberg has started something here that I fear may never end. I feel that if this mayor does not see the dangerous the path he's now set us on, does not immediately undo the harm he has already committed, does not refund the taxpayer's money wasted on this effort, and does not apologize profusely for way overstepping his authority and mandate - then he has got to go. Big brother socialist control freaks like this are dangerous. Not just a little bit - but a LOT. This is not a small issue. Such people in positions of power are a direct threat to our democracy and should not be left in place to more damage not even for 1 second. If he continues with this stuff I think it would not only violate the trust and will of the people it would borderline on treason. I'm very serious here folks. I mean the man did not run on a platform of trying to establish a socialist nanny police state. Now did he? What happened Mayor Bloomberg?
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crazy_chicken says:
I am so glad New York City has solved all problems and is now able to concentrate on family choices. I think the Mayor has a great idea, just does not go far enough. For example; Politicians breeds corruption, so let's ban Politicians from NYC, Taxi Cab's horns hurt my ears, ban the rascals, come to think about it, people cause crime - ban the people from NYC - there all problems solved.
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rainbowroosie says:
You can vote him out of office; how about a recall election??
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credibility2 says:
It's all about choices...not forced mandates based on a few with hypocritical ideologies. No one is forcing anyone to drink the stuff. This is still a free country, but proposals like this minimize this.
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jimmyc1955 says:
Did it occur to those who propose this ban that the ban will increase garbage an the sales of those plastic bottles you hate so much. What a win-win for progressives!! You increase pollution, do nothing to curb obesity but you will still congratulate each other on your wisdom and thoughtfulness in that traditional patronizing, arrogant, high handed fashion you so love to display we have come to know so well.
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