Roshan Ravashankar ’14: Even though the New York State judiciary rightly turned down a ban on large sugary drinks, the battle is not over and judges must stand firm in their decision, as this bill suffers from several major loopholes and claims jurisdiction in a matter outside the city government’s domain.
Although Judge John Milton stated that the ban “was fraught with arbitrary and capricious consequences,” New York City Mayor Michael Bloomberg has vowed to appeal the court’s decision, citing New York City’s alarming obesity rates.
The ban that Michael Bloomberg has proposed would restrict the sale of sugar-filled drinks over 16 ounces in size in movie theatres, restaurants, fast food establishments, food carts, and stadiums. However, the law would prove rather ineffective if implemented.
The ban did not, nor should it, place any restrictions on refills or on buying two drinks each under 16 ounces per serving. Individuals can easily bypass the law, merely costing them the inconvenience of a second trip. In addition, the law would be unfair because certain establishments, such as 7 Eleven, would not be forced to face restrictions, as the establishment falls under the Board of Health’s jurisdiction. Moreover, chains such as Dunkin Donuts would continue providing sugar for customers to add to their drinks, thus circumventing the ban.
Even if the bill was somehow revised in such a way that these unfortunate circumstances were avoided, the bill’s basic premise would still be unacceptable. Mayor Bloomberg made a valid point when he stated that 60 percent of New York City citizens are obese, but the presence of an “obesity epidemic” does not give the government the right to control an individual’s diet to the extent that this ban does. Contrary to popular opinion, soda companies are not deceiving customers; individuals are wholly aware of the high sugar content of these drinks. Moreover, unlike smoking, consuming beverages with a great deal of sugar, no matter how frequently, does not pose a direct threat to the well-being of anyone besides that consumer. A ban like the one that Mayor Bloomberg proposes could potentially send the city down a slippery slope that could lead to further legislation regulating portion sizes and fat content in meals.
The obesity epidemic in New York City is a result of excess. It is not the once a month indulgence in a 20 liter bottle of soda that is harming the individual, but the casual consumption of two 30 liter bottles of Sprite a day.
Despite the alarming statistics, the government can, and should, only attempt to encourage individuals to live healthier lives. Instead of proposing an overreaching ineffective ban that is unlikely to improve the sobering obesity statistics, Mayor Bloomberg and others should instead raise awareness about the negative effects of these drinks and offer recommendations for healthier living. Seizing personal freedom is not the solution to this epidemic.

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