Limiting “Sugary Drinks” to Reduce Obesity — Who Decides?

When a judge struck down the New York City Board of Health\u27s partial ban on selling “sugary drinks” in containers of more than 16 fluid ounces, the reaction was swift. The Portion Cap Rule was widely viewed as a signature accomplishment of Mayor Michael Bloomberg\u27s third term as the “public health mayor,” and he vowed to appeal, saying, “I\u27ve got to defend my children, and yours, and do what\u27s right to save lives. Obesity kills.” But the question before the judge was not about the health risks posed by obesity or even the relationship between obesity and access to large cups of sugary drinks; it was whether the city\u27s Board of Health (part of the New York City Department of Health and Mental Hygiene) had the legal authority to restrict the serving size of such drinks