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New York City plans to enact a far-reaching ban on the sale of large
sodas and other sugary drinks at restaurants, movie theaters and street
carts, in the most ambitious effort yet by the Bloomberg administration to combat rising obesity.

The proposed ban would affect virtually the entire menu of popular
sugary drinks found in delis, fast-food franchises and even sports
arenas, from energy drinks to pre-sweetened iced teas. The sale of any
cup or bottle of sweetened drink larger than 16 fluid ounces — about the
size of a medium coffee, and smaller than a common soda bottle — would
be prohibited under the first-in-the-nation plan, which could take
effect as soon as next March.

The measure would not apply to diet sodas, fruit juices, dairy-based drinks like milkshakes, or alcoholic beverages; it would not extend to beverages sold in grocery or
convenience stores.

“Obesity is a nationwide problem, and all over the United States, public health officials are wringing their hands saying, ‘Oh, this is terrible,’ ” Mr. Bloomberg said in an interview on Wednesday in the
Governor’s Room at City Hall.

“New York City is not about wringing your hands; it’s about doing
something,” he said. “I think that’s what the public wants the mayor to
do.”

A spokesman for the New York City Beverage Association, an arm of the
soda industry’s national trade group, criticized the city’s proposal on
Wednesday. The industry has clashed repeatedly with the city’s health
department, saying it has unfairly singled out soda; industry groups
have bought subway advertisements promoting their cause.
“The New York City health department’s unhealthy obsession with
attacking soft drinks is again pushing them over the top,” the industry
spokesman, Stefan Friedman, said. “It’s time for serious health
professionals to move on and seek solutions that are going to actually
curb obesity. These zealous proposals just distract from the hard work
that needs to be done on this front.”

Mr. Bloomberg’s proposal requires the approval of the Board of Health, a
step that is considered likely because the members are all appointed by
him, and the board’s chairman is the city’s health commissioner, who
joined the mayor in supporting the measure on Wednesday.
Mr. Bloomberg has made public health one of the top priorities of his
lengthy tenure, and has championed a series of aggressive regulations,
including bans on smoking in restaurants and parks, a prohibition against artificial trans fat in restaurant food and a requirement for health inspection grades to be posted in restaurant windows.
The measures have led to occasional derision of the mayor as Nanny
Bloomberg, by those who view the restrictions as infringements on
personal freedom. But many of the measures adopted in New York have
become models for other cities, including restrictions on smoking and
trans fats, as well as the use of graphic advertising to combat smoking
and soda consumption, and the demand that chain restaurants post calorie
contents next to prices.

In recent years, soda has emerged as a battleground in efforts to
counter obesity. Across the nation, some school districts have banned
the sale of soda in schools, and some cities have banned the sale of
soda in public buildings.

In New York City, where more than half of adults are obese or overweight, Dr. Thomas Farley, the health commissioner, blames sweetened drinks for up to half of the increase in
city obesity rates over the last 30 years. About a third of New Yorkers
drink one or more sugary drinks a day, according to the city. Dr. Farley
said the city had seen higher obesity rates in neighborhoods where soda
consumption was more common.

The ban would not apply to drinks with fewer than 25 calories per 8-ounce serving, like zero-calorie Vitamin Waters and unsweetened iced teas, as well as diet sodas.
Restaurants, delis, movie theater and ballpark concessions would be
affected, because they are regulated by the health department. Carts on
sidewalks and in Central Park would also be included, but not vending
machines or newsstands that serve only a smattering of fresh food items.

At fast-food chains, where sodas are often dispersed at self-serve
fountains, restaurants would be required to hand out cup sizes of 16
ounces or less, regardless of whether a customer opts for a diet drink.
But free refills — and additional drink purchases — would be allowed.



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