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Posts Tagged ‘ portion cap ’

Court rejects NYC portion cap for sugary drinks

Below is my blog post for Huffington Post “Court rejects NYC portion cap for sugary drinks.”

You can also read it HERE.

New York City lost its final appeal to limit the sale of sugary drinks larger than 16 ounces.

In a 20-page report, the New York State Court of Appeals issued its final decision on the Portion Cap Ruling. Justice Pigott wrote:

We hold that the New York City Board of Health, in adopting the “Sugary Drinks Portion Cap Rule,” exceeded the scope of its regulatory authority. By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York.

The Portion Cap Ruling, commonly known as the soda ban, was to restrict the sale of sugary drinks larger than 16 ounces in restaurants, movie theaters, sports arenas and delis.

The decision is disappointing and a defeat to public health advocates urging the government to curb the sale of oversize sugary drinks thought to be a major contributor to America’s obesity crisis.

Dr. Mary Bassett, the commissioner of health for the city, issued the following statement:

Today’s ruling does not change the fact that sugary drink consumption is a key driver of the obesity epidemic, and we will continue to look for ways to stem the twin epidemics of obesity and type 2 diabetes by seeking to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods.

Mayor Bill De Blasio also expressed his disappointment in the court’s decision. As written in Capital New York:

“We are extremely disappointed by today’s Court decision that prevents the city from implementing a sugary drink portion cap policy,” de Blasio said in a press release. “The negative effects of sugary drink over-consumption on New Yorkers’ health, particularly among low-income communities, are irrefutable.”

As a nutritionist and portion size advocate, I too was disappointed with the court’s decision.

Portion sizes have grown exponentially over the years and rates of obesity have skyrocketed. In the 1950s, a soda at McDonald’s was 7 ounces; today, the company sells a quart-size soda nearly five times larger than its original size. KFC sells a half-gallon size with nearly 800 calories.

As I told Food Navigator USA:

From a consumer perspective, this was not about banning soda. This was about how much is reasonable for one person. There are a lot of factors that contribute to obesity. One very major one is the fact that what used to be a normal size is now called “mini.”

Indeed, we need to change our food environment if we want to reduce obesity rates and encourage consumer to select healthier food choices. That means selling smaller size portions of foods and drinks that provide no nutritional value. In my opinion, curbing the sizes of sugary drinks was certainly a good place to start.

I applaud the health department’s efforts and hope that we can all work together to promote a healthier food environment for our children to grow up in.

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Why A Cap on Sugary Drinks May Work

Below is my latest blog post for Huffington Post “Why A Cap on Sugary Drinks May Work.”

You can also read it HERE.

The New York City portion cap on sugar-sweetened drinks was back in court earlier this week. I attended the appeals hearing held at the state appellate court. The NYC health department argued against the ruling by Judge Milton Tingling that blocked the cap on sugary drinks larger than 16 ounces from being sold in food establishments including fast food establishments, delis, and other locations which get a letter grade. As reported in the New York Times, the lawyer for the city was met with skepticism from the justices of the First Department of the Appellate Division. It is unclear when a ruling will be issued.

As I previously blogged on The Huffington Post and the NY Daily News, I support the portion-size cap on sugary beverages. In a nutshell, portion size matters and can help in the fight against obesity. As I illustrated in my book The Portion Teller Plan, portion sizes of sodas have increased considerably over the years. Large portions may contribute to obesity because they contain more calories than small portions. While a small soda (16 ounces) at KFC contains 180 calories, the Mega Jug (64 ounces) contains nearly 800 calories. Larger portions also encourage us to consume more and to underestimate our intake. Soda, in particular, offers up no positive health benefits and is pure sugar.

Now, a new study published in the American Journal of Clinical Nutrition found that soda size limits may help in the fight against obesity. The study found that limiting the sale of oversized sodas and other sugar-sweetened beverages could affect 7.5 percent of Americans daily, have the greatest impact on overweight individuals, and would not discriminate against the poor.

As written in HealthDay:

The study found that about 60 percent of Americans consumed sugary drinks daily, but only 7.5 percent of them purchased “super-size” sugary drinks from an eatery on a given day. The rates, however, were somewhat higher for certain groups: 13.6 percent of overweight teens, 12.6 percent of overweight young adults aged 20 to 44 and 8.6 percent of overweight people in general. The investigators also found that low-income and high-income people were equally likely to buy large sugary drinks from restaurants, which challenges the criticism that a ban on the sale of these drinks at eateries discriminates against the poor.

I certainly do hope that the court considers this study when issuing a ruling. Obesity and diabetes are major public health problems in the city of New York as well as in other parts of the U.S., and limiting the sizes of sugar-sweetened drinks is certainly worth trying.

In the meantime, the NYC department of health launched a new ad campaign urging New Yorkers to pay attention to the high sugar content in energy drinks, sports drinks, sweetened teas, and fruit-flavored drinks. While these drinks sound “healthy,” many have more sugar than soda. A 20-ounce lemonade, for example, contains 260 calories and 67 grams of sugar. Sugar-sweetened drinks have been associated with weight gain and and an increased risk of Type 2 diabetes and heart disease.

As the weather gets warmer and while we wait for a ruling from the appellate court, I urge us all to drink more water and pay attention to the sizes of our sugary beverages.

For more by Dr. Lisa Young, click here.

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