Verified Document

New York City's Beverage Ban Essay

Argument Opposing the Ban

The primary argument against the beverage ban is that it violates the fundamental autonomy and freedom of personal choice. Critics argue that in that respect, it is no different from prohibiting the consumption of a maximum amount of calories or banning sunbathing, because the former also contributes to obesity and because the latter is known to cause sin cancers that are sometimes deadly and that are also typically treated at the public's expense. The other main argument against the measure is that the Mayor circumvented the legislative process by implementing it through the Department of Health instead of through the City Council.

The Basis of the Legal Decision

In striking the law down, the State Supreme Court characterized the proposed law as "arbitrary" because it applied only establishment regulated by the city and not to supermarkets or chain stores...

Moreover, the decision also noted that the law can easily be circumvented because it does not prohibit customers from obtaining unlimited refills, even within business establishments where it applies. The decision suggested that whatever the value of promoting better dietary choices, a legal prohibition on the size of cups in which beverages can be dispensed is not the appropriate means of accomplishing that objective. Ultimately, the issue will almost certainly be heard by the New York State Court of Appeals.
Source Consulted

Saul, M.H. (2013). "Judge Cans Soda Ban: Ruling on Sugary Drinks Marks Rare Defeat

on Health Policy for Bloomberg." The Wall Street Journal (March 11, 2013).

Retrieved online: http://online.wsj.com/article/SB10001424127887323826704578354543929974394.html

Sources used in this document:
Saul, M.H. (2013). "Judge Cans Soda Ban: Ruling on Sugary Drinks Marks Rare Defeat

on Health Policy for Bloomberg." The Wall Street Journal (March 11, 2013).

Retrieved online: http://online.wsj.com/article/SB10001424127887323826704578354543929974394.html
Cite this Document:
Copy Bibliography Citation

Related Documents

New York City's Beverage Ban
Words: 360 Length: 1 Document Type: Essay

The legal basis of the State Supreme Court decision was that the ban is "arbitrary" because it would only have applied to some types of businesses and only to those regulated by the city. For example, supermarkets and chain stores were exempted, even though they might be located on the same block as businesses affected by the ban. Ultimately, whether or not future versions of the same law survive legal

Banning Soda There Is No Real Argument
Words: 1469 Length: 4 Document Type: Essay

Banning Soda There is no real argument in favor of soda; it adds absolutely nothing positive to anyone's daily dietary intake. In fact, it is said to contribute heavily to obesity, diabetes, heart disease tooth decay, and other serious health issues. It is argued that by banning soda many of these negative aspects will be eliminated or at least reduced and therefore reduce health care costs associated with drinking soda. With

Smoking Ban Tobacco Smoke Should Certainly Be
Words: 1586 Length: 5 Document Type: Essay

Smoking Ban Tobacco smoke should certainly be considered a toxic chemical, and its risks to human health have been well-known for decades. Any reasonable person -- or indeed anyone who is even slightly familiar with the medical and scientific evidence -- would certainly know this today. Forty years ago, the federal government banned tobacco advertising from radio and television and put warning labels on tobacco products, while class action lawsuits have

Bottled Water Be Banned Why
Words: 3428 Length: 11 Document Type: Research Paper

Is Bottled Water Truly as Pure as the Industry Would Like Us to Believe? The NRDC hired three independent laboratories to conduct the testing of more than 1,000 plastic bottles -- 103 different brands -- and found that "about one third" the 103 brands contained "significant contamination," that is, levels of chemical or bacterial contaminants that exceed federal and state standards. After the independent labs completed their research and testing, NRDC

Population Health: Childhood Obesity of All of
Words: 1125 Length: 3 Document Type: Essay

Population Health: Childhood Obesity Of all of the current factors impacting population health, childhood obesity may be have the greatest threat for long-term damage, as well as being the one most highly linked to culture, socioeconomic status, and personal liberties. As a result, efforts to reduce childhood obesity have been met with ambivalence and, sometimes even hostility. Part of the reason for this hostility is that the two factors that

Alcoholic Beverage Industry
Words: 7606 Length: 20 Document Type: Term Paper

Alcoholic Beverage Industry Throughout the world, in all industries it is now a period of consolidation and this process is now taking place for a large number of companies from different continents and different countries, and the only reason for consolidation is the fact that they come from a common industry. The undisputed largest economy in the world is now the United States and this also contains the largest companies in

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now