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Bettina Elias Siegel

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Bloomberg vs. Big Soda: Portion Size, Paternalism and Politics

Posted: 06/01/2012 9:23 am

New York City Mayor Michael Bloomberg has made headlines by announcing his administration's plan to ban the sale of sugary drinks offered in containers larger than 16 ounces. The proposed "large soda" ban would affect food service establishments like restaurants, movie theaters and street vendors, but would not affect grocery or convenience stores. (Diet sodas, fruit juices, milk-based drinks and alcoholic beverages would be exempted.)

The move, which would take effect next March, falls under the purview of the city's health department. It therefore seems unlikely to require any outside approval beyond its likely passage by the city's Board of Health.

As a writer who blogs daily about kids and food, I'm deeply immersed in the issue of childhood obesity and its related ills. I've reported on children needing weight-related knee replacements and new research indicating that diabetes, which is on the rise among teens, may be a much more pernicious illness in pediatric patients than in adults. I also know that excess sugar consumption harms the health of all children, even those who are not overweight. So you might assume I'd welcome Bloomberg's large-sized soda ban with great enthusiasm.

Instead, I feel ambivalent about it.

Don't get me wrong: I'm no fan of the soda industry (one that rightly has been compared to Big Tobacco) and while some commentators are dubious, I accept the proposition that the consumption of sugary beverages, particularly soda, has been a major driver of our current obesity and health crisis. I support the idea of a soda tax; I even approved of a more controversial proposal (also Bloomberg's), which would have exempted soda purchases from the food stamps program.

I stand behind any measures to curb the advertising of soda to children, including the intrusion of beverage companies into schools through bus advertising, vending machines and support of athletic programs. I'd even be OK with sticking a warning label on non-nutritive sugary beverages. In short, I have absolutely no problem with public policies that encourage health-promoting behavior and disincentives which lead people to avoid harmful behavior.

But forbidding people outright to buy the size of soda they desire strikes me as quite paternalistic and intrusive and -- if my Twitter feed is any gauge of public sentiment -- likely to fuel resentment. And while it's true that Bloomberg's other, similarly coercive health measure -- the banning of smoking in restaurants -- was controversial when announced but is now widely accepted, one key difference is that smoking in restaurants not only adversely affects the smoker, but also the non-smokers around him. With soda, though, there is no immediate harm to bystanders that might otherwise justify the proposal in the minds of many New Yorkers.

There may also be problems implementing the ban. First, one clear flaw is that at fast food establishments and other venues where free refills are the norm, nothing in the proposal would prevent customers from bypassing the soda limit by simply refilling their 16-ounce cup. Similarly, convenience stores like 7-Eleven (which are currently expanding in New York City) might be exempt from the ban, ironically preserving the most iconic super-sized sugary drink of them all: the Big Gulp.

Second, there's the possibility that the ban will actually create the perverse economic result of normal soda drinkers subsidizing the excess soda-drinking of others in establishments offering free refills. And if determined soda-buyers choose to buy multiple smaller containers and/or vendors raise soda prices, the plan could conceivably function as a back-door soda tax -- but one that lines the pockets of soda purveyors, instead of providing revenue to the government (which may use the funds to defray obesity-related healthcare costs).

Third, such a ban is likely to disproportionately affect poorer New Yorkers. This might seem like an odd concern from someone who supported the food stamp soda ban, but I see a categorical difference between the use of government-issued supplemental food benefits for an entirely non-nutritive beverage, versus spending one's own money on it. In that regard, it's notable that a 24-ounce McDonald's Coke (with 81g of sugar) would be banned, but the much pricier 24-ounce Starbucks White Chocolate Mocha Frappucino (with 87g of sugar) would likely not, due to its milk content.

Finally, while no fault of Bloomberg's (who is necessarily limited to taking action only within his city), nothing in his proposal gets at one of the roots of Americans' over-consumption of soda -- that is, the wrongheaded agricultural subsidies that have resulted in a liter bottle of Coke being cheaper than a similar-sized container of skim milk.

All of this said, though, I do admire Mayor Bloomberg for his dogged, forward-thinking approaches to improving public health in his city, where, currently, over half of adults are overweight or obese. Undeterred by the prior defeat of his proposed soda tax and food stamp/soda ban -- and the $70 million spent by the soda lobby around the country since 2009 to defeat such measures -- Bloomberg's latest salvo does show ingenuity and real political courage.

So it may well be that, after a lot of initial grumbling, New Yorkers will eventually grow accustomed to thinking of a "large soda" as containing 16 ounces, which, it's worth noting, is still twice as large as the serving size Americans thought of as "standard" back in the 1950s. Moreover, if the measure proves at all successful in lowering the city's rates of disease and/or obesity, that data could prove to be a powerful tool in future battles against Big Soda.

If any of that comes to pass, I'll happily eat my words here. And wash them down with a very small glass of Coke.

[This piece originally appeared on the website of The Guardian.]

 

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10:57 AM on 06/05/2012
good thing im a small-size diet pepsi fan.
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HUFFPOST SUPER USER
Homer for real
...snap out of it!!
06:43 PM on 06/04/2012
...its amazing how these people tout a woman's 'right to choose' when it comes to aborting a fetus... yet they seek to deny the 'right to choose' when it involves the 'size' of a soft drink.
REPUBLICAN REDEFINED
Vote Republican
10:39 AM on 06/04/2012
Kiss America goodbye... this is only the start...
HUFFPOST SUPER USER
bergerqueen
07:54 AM on 06/04/2012
You can actually use food stamps to buy soda? They have a list of foods you cannot buy with food stamps. How did soda not make it onto that list?
01:22 PM on 06/03/2012
The funny thing is, without the subsidies to big argi this wouldn't even be an issue because, of the consumer cost of a 44 oz drink! I say, forget about regulating at the consumer level, let's put an end to corporate welfare!
09:45 PM on 06/02/2012
as Justice Brandeis once said:

“The greatest dangers to liberty lurk in insidious encroachments by men of zeal, well-meaning but without understanding.”
HUFFPOST SUPER USER
MissTake1989
Equal means equal, hypocrites.
09:44 PM on 06/02/2012
For the record, we ceded the right to claim that the govt. doesn't have the right to tell us what to do when we accepted the Drug War.

But, this IS nanny state liberalism at it's worst.
HUFFPOST SUPER USER
bergerqueen
07:55 AM on 06/04/2012
Bloomberg's a Republican.
12:37 PM on 06/04/2012
Doesn't mean he isnt taking a liberal approach. Why is it always black and white with republicans and democrats? Grow up.
03:16 PM on 06/04/2012
Bloomberg is a Democrat who changed to Republican to win, and then changed to an independent because he didn't agree with his Republican party.

http://en.wikipedia.org/wiki/Michael_Bloomberg
10:36 AM on 06/02/2012
Its not "forbidding people to drink." It is requiring New York City food service providers to provide healthy choices to people living in New York. I see nothing wrong with that. It will not kill jobs or whatever idiotic politically motivated spin some corporate lobbyist is putting on this. It is just the city of New York saying, "Hey, take it easy on the soda pop. We care about our collective health and well being. Kabish?"
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HUFFPOST SUPER USER
Collin Young
08:28 AM on 06/02/2012
Thank God someone has the leadership to take on such a bold step in regulating the size of a soda sold to citizens !!! Bloomberg, your the man !!! Imagine, with all of the critical issues facing us today, the mayor of the largest city in the country has the wisdom to tackle the number one problem we all face today, whether to buy a 20 oz soda, or a 12 oz soda.

With this type of bold leadership on display, it proves we are in deep doo-doo folks !!!!
01:08 PM on 06/03/2012
Exactly what limits would you place on this type of "leadership" if any?
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HUFFPOST SUPER USER
Collin Young
03:42 PM on 06/03/2012
You've got to be kidding me ! Obviously, my comment went way over your head !! The point is that our elected leaders have far more important things to do that try and CONTROL what we consume. If people are incapable of watching what they eat so that the government has to mother us into submission, God help us!!!
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HUFFPOST SUPER USER
tendril
imperfect at best and proud of it
06:36 AM on 06/02/2012
Can you please tell me if you think a politician should be deciding what you eat and drink? I think I am capable of making an informed decision for myself. Step off Mayor Mike, you're not the boss of me.
HUFFPOST SUPER USER
bergerqueen
07:58 AM on 06/04/2012
They already do decide for you. What do you think farm subsidies have done to the food industry? And for the record, I don't think this ban is a good idea, but really govt. is already deciding what I eat and drink.
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HUFFPOST SUPER USER
tendril
imperfect at best and proud of it
08:06 AM on 06/04/2012
Your logic is indisputable. However, no reason to permit more of this nonsense. I am not fond of the idea of having to farm all of my own food so politicians cannot control it.
05:44 AM on 06/02/2012
You know why soda companies always associate their products with fun times or feel good times? Because there is nothing nutritious on it. They can't entice people drink it for strong bones or vitamin C. Basically, having no strength in nutritional values, they have to focus on the only thing they have : to celebrate the moment. Not the future, but the present. Because the future of an avid soda drinker? Not looking so good.
09:18 PM on 06/01/2012
A ban is not the answer. Government just forcing itself on the people. Education. We need this start in the schools. And in the media.

An example is this music video. Sometimes music and humor can make you change your eating habits..

http://www.youtube.com/watch?v=2Qriv3UhXsw
08:33 PM on 06/01/2012
Well written. I actually agree that obviously unhealthy foods should be exempt from government assistance programs, and I can see that with the ban he may be trying to get America to rethink portion size (did you know one portion of a meat is 4 oz, or the size of your palm? Many restaurants think otherwise). However, I think the ban is too intrusive at this point, and I think your idea of putting warning labels and promoting healthier foods is a much better idea.
06:27 PM on 06/01/2012
Up until 1 month ago I was drinking 2 44oz cups of Mt Dew A DAY. In the month since I have finally been able to give up the fizzy goodness I have actually lost 15 lbs and am still losing! Now, I was never obese, but I definitely could spare these 15 pounds. The very fact that I have lost that weight simply by cutting soda out of my diet and making no other lifestyle changes shows how much of an effect soda has on the obesity epidemic. However I am not quite sure that it is the governments place to step in and dictate how much soda a person can drink or not drink. I have to agree with the author, it is rather intusive. It is our right to choose what goes in our bodies because they are OUR bodies, not the governments. So while I understand the thinking behind it, I just can't agreewith this ban. I think other avenues would be more effective and less intrusive, such as public awareness campaigns and better health programs in school. Hey, why not even put warning labels on soda containers like they do cigarettes? "Warning: consumption of this beverage will make you fat and can lead to serious health conditions such as diabetes, renal failure, and tooth decay."
06:16 PM on 06/01/2012
If you have ever eaten in NYC, you would think the ban was already in effect. They give you about 8 ounces of soda and no free refills. I am not typically a soda drinker, but when you're touring the streets in 95* temps in mid July...it just plain sucks.

I find it ironic that beers can still be served in whatever size, they are just as caloric.