Mayor Bloomberg has petitioned the court of appeals to reinstate the ban on supersize sodas previously lifted by the state Supreme Court. A NYC lawyer argued that the ban is supported by decades of case law, as well as the NYC charter itself.
Various parties filed amicus curiae (friend of the court) briefs in support of the NYC ban. One such, the National Alliance for Hispanic Health, argued a scientific link between the sugary soft drinks and chronic illnesses such as obesity. The National Association of Local Boards of Health and a number of other organizations also argued in support of the ban. At the federal level, organizations charged with public health and safety have considerable discretion, as long as their decision is not “arbitrary and capricious.”
A constellation of other groups support reinstatement of the ban, including the New York chapter of the National Congress of Black Women and the Public Health Association of New York. Generally, the appellate court may consider an amicus brief if the contents will serve to clarify an important legal point or interpretation.
The arguments for the ban on large size sugary sodas go beyond the obesity issue, addressing points dealing with other health issues as well. For example, supersized sodas contain more than twice the acceptable daily sugar allotment. As a result, these substances, when taken in quantities beyond the 25-37 gram daily sugar allowance, will contribute toward diabetes. A 16 ounce container of soda will have up to 75 or 80 grams of sugar; more than twice the daily sugar allotment.
Glycemic Index Labs performs highly sensitive tests to provide the data on the impact of excess carbohydrates on the blood chemistry and vital body systems. Examples of tests perforrmed are: