NYC soda ban overturned!

Image source: Marlith on Wikimedia Commons

Well, a judge has said that Bloomberg’s soda ban is totally bogus! Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan, in a 36-page ruling, called the ban “arbitrary and capricious.” Apparently there were some inconsistencies going on, like that lattes didn’t count (the milk content saved it, though we all know that some lattes are pretty darn sweet), and that you could still buy mondo amounts of soda in grocery stores. Interesting detail – Justice Tingling’s sister is a nutritionist and had hoped her brother would have made a different decision.

Yesterday, the NY Times City Room blog put together a guide to the NYC soda ban, to help us understand what was trouble and what wasn’t. If a restaurant or shop were to be in violation, the penalty was $200, starting in June (so as to give establishments time to get used to the new setup). There was also a 1 oz wiggle room, too. Here’s how it was to work:

Q. How will it work?
A. At its most basic — and there are plenty of complications — the new rules mean that food-service establishments in New York City will not be able to sell sodas and other sugary drinks in containers larger than 16 ounces. Customers may buy as many refills as they want.

The Q&A goes on to the topics of what places were excluded (“places that are not regulated by the city’s health department”), what drinks were covered (a lot, from soda to lemonade, energy drinks to coffee, even bubble tea), and what wasn’t affected (milkshakes and lattes, diet sodas, fruit smoothies and juices that contain only fruit and fruit juice, with no added sugar).

We’ve also learned that some establishments will be implementing the elements of the soda ban, even though they don’t have to. Many places have likely already invested in smaller glasses, so why not use them still? Plus some really are on board with the Mayor’s view of healthy beverage sizes. Bloomberg plans to appeal the judge’s decision.

Your Guide to New York’s Soda Ban [NYT City Room]
Judge Blocks New York City’s Limits on Big Sugary Drinks [NYT]
Bloomberg Vows To Appeal After NYC Sugary Drink Ban Nixed [CBS]
Question of the day – what do you think of the NYC soda ban? [QNYC]