Soda Ban Approved; Lloyd Christmas Saw It Coming

Who knew Jim Carey's character in Dumb and Dumber was so prophetic?  The New York City Board of Health approved the soda ban today just shortly after 11am.  The board voted unanimously, eight to zero, with one absentee.  According to a Times article released today about the ban, "The measure, unless blocked by a judge, will take effect in six months."  The measure will make the sale of sugary beverages in any format larger than 16oz illegal, "The restrictions would not affect fruit juices, dairy-based drinks like milkshakes, or alcoholic beverages; no-calorie diet sodas would not be affected, but establishments with self-service drink fountains, like many fast-food restaurants, would not be allowed to stock cups larger than 16 ounces."

Furthermore, "Only establishments that receive inspection grades from the health department would have to obey the rules."  Some restaurants will avoid the letter grade and the soda ban altogether.  The reason is, as Glenn Collins pointed out in a Diner's Journal column, if a food service establishment "earns 51 percent of its revenues from grocery sales, it is under the jurisdiction of the New York State Department of Agriculture and Markets," not the New York Department of Health.  For this reason, places like 7-Eleven will dodge the soda ban bullet, but the Bloomberg administration's approved public health policy hopes to curb the rising rates of obesity and diabetes.