At
the Public Hearing conducted by the Board of Health on July 24, 2012,
Council Member Oliver Koppell opposed the proposed ban on the sale of
sugary beverages over
16 ounces in all restaurants and theaters, food carts and sports arenas
regulated by the Health Department. In his testimony, Koppell said,
“The proposed regulation is an obstruction of the rights of New
Yorkers to choose for themselves the size of the beverages they want to
consume and is a clear overreaching of the government into people’s
everyday lives.”
He
pointed out that the regulation is arbitrary and capricious insofar as
it does not apply to all stores and other outlets serving drinks and it
does not cover
all high sugar beverages, just a select few, not based on health
criteria. Only the size of the cup is regulated, enabling a customer to
purchase two or more 16 ounce drinks. It does not prohibit free refills
and does not limit the prohibition to minors who
arguably do not have the maturity to make a sound choice.
Comparing
this regulation to the ban on smoking in restaurants, Koppell said that
tobacco is a much more dangerous substance and, furthermore, the rule
was enacted
after it was passed by the legislative body elected by the people and
then signed by the Mayor. He pointed out that the prohibition on the
ban of oversize sugary beverages, which affects thousands of businesses
and millions of consumers, will be promulgated
only by the Board of Health, an agency whose members are solely
appointed by the Mayor.
)
Koppell acknowledged that obesity is a serious issue in New York and across the country, but said, “This regulation is neither a proper nor effective way of addressing the problem.”
People are
concerned, he said, that this infringement on the rights of New Yorkers
will expand to other areas, such as mandating vegetables at every meal,
regulating the size of candy bars or pizza slices
or prohibiting bars from serving more than two drinks a customer.
“Many
healthy and health-conscious New Yorkers consume sugary beverages as
part of countless pastimes such as movies or sports exhibitions and most
of the time
it is not reflective of an unhealthy lifestyle,” Koppell said.
“Regulation of this consumption will be regarded by many as an intrusion
on their individual freedom, an opinion with which I concur.”
In conclusion, he said,
“Let the people choose for themselves how much soda they wish to
consume. There are more effective approaches to battling obesity.”
We will add other comments as they come in.
***************************************************
