Soda Ban Could Fizzle Out - Wall Street Journal

By SOPHIA HOLLANDER And MICHAEL HOWARD SAUL

New York City's proposed soda ban was hailed by some as a new national model in the fight against obesity. Others condemned it as an unacceptable government intrusion.

Lost in the outcry: It could quickly be reversed.

John Angelillo/UPI

A man fills a large container with a sugary beverage on Thursday.

The ban, which is expected to start next March, would be in effect for less than a year before Mayor Michael Bloomberg's successor assumes office. Three potential mayoral candidates weren't fully supportive of the effort and, if elected, could revisit the issue of selling sugary beverages in containers larger than 16 ounces.

"The city should be educating students in our schools about good health and not limiting what our citizens can purchase," one candidate, Bill Thompson, a former city comptroller, said. "Ten years into this administration and this is the best they can come up with?"

City Council Speaker Christine Quinn, who leads all potential mayoral candidates in the polls, said she was concerned the ban wouldn't have "positive results." She said a future mayor "should certainly think about" reversing the ban.

"A person who doesn't now understand why it's bad to drink 18 ounces of sugared soda is simply going to get two 10-ounce sodas, or is going to get extra refills," Ms. Quinn said.

Asked about the ban, Comptroller John Liu, an undeclared mayoral candidate, said the mayor should reconsider his opposition to a bill requiring bicyclists to wear helmets. Two other candidates, Public Advocate Bill de Blasio and Manhattan Borough President Scott Stringer, said they were reviewing the plan.

The mayor's proposal would forbid a broad range of venues, including sports stadiums, restaurants, delis, movie theaters and mobile food carts, from selling sugary beverages in containers larger than 16 ouncesâ€"bigger than a standard can of soda but smaller than a typical bottle.

The ban applies to drinks with 25 calories or more per eight ounces; diet sodas, fruit juices and dairy-based drinks would be exempt.

City officials said the measure only requires approval from the city's Board of Health, whose 11 members are appointed by the mayor. Ms. Quinn said council lawyers are exploring whether the board can impose the ban without the council's approval.

Two of Mr. Bloomberg's signature public-health initiativesâ€"bans on smoking in restaurants and bars, and in public spaces such as beaches and parksâ€"required council approval. Another, the ban on trans-fats, was approved by the Board of Health without council involvement.

Ms. Quinn said she would examine whether the mayor should have the power to appoint all members of the Board of Health.

Some New Yorkers said restricting the size of sodas was a step too far. Some wondered what would be next.

"Whatâ€"you can't eat doughnuts next? Give us a break," said Gene Autry Hopkins, Jr. while eating lunch in a park in the Bronx. "Tell him to mind his own business. People have the right to do what they want to do. Who is he? Napoleon?"

Thomas Farley, the city's health commissioner, said the city is not considering anything other than sugary drinks. Mr. Bloomberg previously advocated a state tax on soda and tried to restrict the use of food stamps for sodas. Both proposals ultimately failed.

Some New Yorkers praised his continuing concern for the city's health, while others questioned whether regulating soda sizes should be a government priority.

"He should be worried about providing jobs," said Yanidzza De Jesus, a 37-year-old stay-at-home mother in Queens. The proposal singled out low-income New Yorkers who buy larger bottles "to save money," she said. "He's attacking the poor."

Lissette Suarez, a slender 28-year-old, said she doesn't drink soda oftenâ€"especially not with her daughter. But on Thursday she sat with her family on a park bench in the Bronx sipping a large fountain soda. "If I want a soda one day I have that right," she said. "If one day I want to buy a five-gallon pail of soda, I should be able to."

Ms. Suarez pointed to a larger problem: Low-income areas have fewer choices when it comes to fresh, healthy food. She said she used a coupon for her lunch and was not offered water as an option, which she said she would have chosen over soda.

In a McDonalds down the street, Dave Rodriguez sipped a 32 oz sweet tea. The 35-year-old New Yorker said he was torn.

"It has a positive and a negative side to it," he said. "When it comes to health issues with sugary drinks you can get all types of diseases."

Still, he said, "You're the one that's buying your soda. You should be able to drink as much soda as you want."

â€" Alison Fox and Danny Gold contributed to this article.

Write to Sophia Hollander at sophia.hollander@wsj.com and Michael Howard Saul at michael.saul@wsj.com

A version of this article appeared June 1, 2012, on page A15 in the U.S. edition of The Wall Street Journal, with the headline: Soda Ban Could Fizzle Out.