Limiting 'Sugary Drinks' to Reduce Obesity -- Who Decides?
Wendy K. Mariner
George J. Annas
In March 2013, Judge Tingling decision striking down New York City Board of Health's Portion Cap Rule, limiting the serving size of sodas, sparked heated reactions. 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 Board (part of the New York City Department of Health and Mental Hygiene) had the legal authority to restrict the serving size of such drinks. This article briefly describes the judge's decision and possible lessons for choosing sensible measures to achieve public health goals.
Abstract only. Paper can be found at 368 New England Journal of Medicine 1763 (May 9, 2013)
Adobe Acrobat Reader v3.01 or greater is required to view this paper.
Wendy K. Mariner Contact Information
George J. Annas Contact Information:
Professor and Chair, Department of Health Law, Bioethics & Human Rights
Found on SSRN at: