Board of Health members, all of whom are appointed by Mayor
Bloomberg, did not ask questions of the speakers. The board is
expected to make a decision on the proposed ban -- which has been
debated heavily in the media and in advocacy ads -- in September.
It could be implemented as early as March 2013.
The sweeping ban would prohibit the sale of large sodas and
other sugary drinks, such as energy drinks and some iced teas, at
restaurants, movie theaters, sports arenas and street carts. The
ban would not affect beverages sold in grocery or convenience
stores (so those Big Gulps at 7-Eleven are safe). And it would not
apply to drinks with fewer than 25 calories per 8-ounce serving,
such as diet sodas and unsweetened iced teas. "Large" is designated as any container holding
more than 16 ounces.
Cups or bottles bigger than 16 fluid ounces (the average soda
bottle is 20 ounces) would be affected. Restaurants would be
required to serve fountain cups that are 16 ounces or less,
limiting many to sizes currently classified as small or child. A
medium fountain cup at McDonald's is 21
ounces, while a large is 32 ounces, according to its website.
Elected officials including Brooklyn Borough President Marty
Markowitz, City Councilmember Dan Halloran and City Councilmember
Letitia James oppose the ban and called on the Board of Health to
focus its energies elsewhere. The officials asked that the Board of
Health instead focus on ensuring playgrounds and school gyms are up
to date, and that gym is part of the curriculum in all New York
City schools. Mr. Markowitz laid out a plan that would include
community exercise groups as well subsidies for low and moderate
income New Yorkers who would like to join gyms and other health
clubs.
Various elected officials also told stories about the local
business owners that would be negatively affected in their
districts should the ban be enacted. Local bodegas would lose out
on sales, they reasoned, as consumers begin frequenting drug stores
or convenience stores still allowed to sell large, sugary
drinks.
At fast-food and fast-casual restaurants, carbonated soft drinks
account for about 10% of sales in the U.S., according to restaurant
market-research firm Technomic. That's a sizable portion of
top-line sales, but factor in the profitability of soft drinks for
the chains -- a 90%-plus profit margin -- and the potential
wallop to the bottom line becomes clear,
particularly for franchisees.
Officials at the hearing also urged the Board of Health to allow
the proposed ban to be handled legislatively and to give New
Yorkers a more-convenient forum to speak out. The public hearing
was held in Long Island City, beginning at 1 p.m. -- not exactly
accessible for the average working New Yorker, Ms. James pointed
out.
The beverage and restaurant industries also pushed back against
the ban, pointing out there are calorie counts on the front of
bottles and cans in New York, while restaurants in the city also
post the calorie content of beverages. Robert Sunshine,
representing the New York theater industry, also spoke out against
the ban, saying the loss in sales could lead to a rise in ticket
prices or hiring freezes.
A number of educators and health professionals, including
registered dieticians and doctors, spoke out in support of the ban,
citing rising obesity rates.
"We believe in the public's right to choose the food and drink
they consume. However, we should make healthy choices easier," said
Lois Utley, president of the Public Health Association of New York
City. "By making the routine choice healthier, we are making it
easier for our children. [They'll] come to a new idea for a new
normal-size drink."
Kelly Brownwell, director of Yale University's Rudd Center for
Food Policy & Obesity, posited that larger portions lead to
over-consumption, and shrinking portion sizes would help people to
eat in moderation. He also said that the body does not understand
calories in liquids in the same way as it does for solid food,
meaning people don't feel full from consuming a large soda and
continue to intake calories they don't need.
The New Yorkers for Beverage Choices group, self-defined as a
coalition of individuals, businesses and community organizations,
was blasted by several speakers as an "astroturfing" effort by the
beverage industry meant to portray a "grassroots" movement, when
it's anything but. A quick review of the list of members reveals a
number of bodegas, movie theaters and pizza joints but also
Coca-Cola agency
partners such as Starcom, Mediavest,
Creative Artists Agency and Ammirati.
If the ban is instituted, it would be Mayor Bloomberg's most
aggressive move yet to curb obesity rates and improve New Yorkers'
health. Many of the measures adopted in New York have become models
for other cities, such as restrictions on smoking and trans fats
and the requirement that restaurants post calorie counts next to
prices. The city has also been extremely aggressive in running
graphic advertisements that criticize smoking and the consumption
of sugary beverages. Mayor Bloomberg also supported a state tax on
sodas and other sugary drinks, though that effort failed.