Is the Soda Ban Illegal?

By Dr. Madelyn Fernstrom The debate on whether the serving size of a soda should be regulated by the government is continuing to heat up. I’ve been writing about this controversial ban on selling soda with a limit of 16 ounces because this is a prime example of how food regulatory policies could be used help stem the obesity epidemic. The question remains: is this an effective strategy? It’s important to follow these new developments, as these decisions will likely impact implementation of policies like these in our region, and throughout the country. In response to the NYC Health Department’s ban on selling sodas larger than 16 ounces in places like movie theaters and restaurants, a lawsuit aimed at overturning this ban was filed by a consortium that includes the American Beverage Association, the National Restaurant Association, the soda workers union, and movie theatre owners. The argument is that such a ban would hurt small businesses and burden consumers, and it could even affect ...