Is the Soda Ban Illegal?

By Dr. Madelyn Fernstrom

The debate on whether the serving size of a soda should be regulated by the government is continuing to heat up. I’ve been writing about this controversial ban on selling soda with a limit of 16 ounces because this is a prime example of how food regulatory policies could be used help stem the obesity epidemic. The question remains: is this an effective strategy? It’s important to follow these new developments, as these decisions will likely impact implementation of policies like these in our region, and throughout the country.

In response to the NYC Health Department’s ban on selling sodas larger than 16 ounces in places like movie theaters and restaurants, a lawsuit aimed at overturning this ban was filed by a consortium that includes the American Beverage Association, the National Restaurant Association, the soda workers union, and movie theatre owners. The argument is that such a ban would hurt small businesses and burden consumers, and it could even affect movie theatre prices (sale of concessions help keep ticket prices down).

Critics call this ban a prime example of the “food police” and an attack on personal choice, while supporters call it a much needed step in the right direction to change consumer behavior to healthier eating. And healthier eating should lead to obesity reduction.

Now this debate has moved out of the health arena, and into the courts for some further answers.

Do you think this next “legal” step will help or hurt the effort to limit the consumption of liquid calories?