New York Cinemas Still Able to Supersize Drinks

Cinema owners and the owners of like enetertainment venues operating in the "Big Apple" have been given a reprive from a ban on supersized sugary carbonated drinks which was to have been imposed on them by New York's City administration effective from today (12 March 2013).

The reprive results from an action by affected businesses in which New York Supreme Court Judge Milton Tingling has found the ban unlawful and prevented the city from implementing the proposed law.

Background

The proposed law it is reported would bar food sellers regulated by the City's Board of Health from selling sugared drinks in portions larger than 16 ounces (1.25 liters approx). The rule would have applied to restaurants, theaters, and workplace cafeterias. It would have excluded supermarkets and convenience stores and exempted diet carbonated drinks, alcohol, and fruit juices.

Judge's reasons

In deciding to block the ban his honour is reported to have said that the regulations were “fraught with arbitrary and capricious consequences” citing provisions that could lead to “uneven enforcement even within a particular city block, much less the city as a whole.”

Government reaction

New York Mayor Bloomberg a supporter of the now blocked proposed law sees it as a key part of his effort to fight obesity and his office is reported as saying that the City would appeal the decision as soon as it was possible to do so and indicating confidently that the measure he felt would eventually be implemented.

What next

The issue is shaping up as one likely to recurr. A civil liberties one involving the rights of individuals to eat as they choose as against the extent of the states responsiblities to legislate in public health matters. Complicated further by the rather substantial business interests involved, for example:

"The National Association of Theatre Owners‘ New York State operation vigorously opposed the New York City law. Concessions account for more than 25 percent of a typical theater’s revenues, according to SNL Kagan estimates."

Sources: ABC News and Deadlin New York

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