NYC Drink Limit “Extraordinary Infringement”

New York City has recently put a limit on the size of sugary drinks like soda and juice. But one American Beverage Association lawyer says the limit is an “extraordinary infringement” on consumer choice. Others argue that the law violates racial fairness as well.

As part of NYC’s healthy-eating initiative, this regulation would prohibit bars, restaurants, cafés and more from selling drinks with high sugar content in containers larger than 16 ounces.

The recently passed rule is set to take effect on March 12, but is now receiving strong opposition from groups like the New York State branch of the National Association for the Advancement of Colored People and the Hispanic Federation, who say it is “an inconsistent and undemocratic regulation.”

“New Yorkers do not want to be told what to drink,” said attorney James Brandt.

But city officials and health experts behind the regulation say that it is an appropriate rule to help fight obesity, which has been rising through the years. Today about 24% of adults in NYC are obese, as compared to 18% in 2002. Healthcare costs have risen and the rate of obesity-related illnesses has gone up.

“It would be irresponsible not to act in the face of an epidemic of this proportion,” said the city’s court papers. The regulation is currently being backed by the National Association of Local Boards of Health, among others. But opponents say there are more factors to the growing obesity rate than just sugary drinks, making the law far to narrow to be called “fair.”

According to the federal Centers for Disease Control and Prevention, obesity rates are higher among blacks and Hispanics—which is part of what has created opposition to it. Minority businesses could be harmed by the rule, and some worry that it is taking away the freedom of choice, particular for low-income communities.

Supermarkets and many convenience stores like 7-Eleven are excluded from the rule, as they are not subject to city health regulations. Alcohol, unsweetened juice, and milk-based drinks are also excluded from the rule.