Boston University School of Law

Limiting 'Sugary Drinks' to Reduce Obesity -- Who Decides?

 

Wendy K. Mariner
Boston University School of Public Health, Boston University School of Law,
and Boston University School of Medicine

George J. Annas
Boston University School of Public Health


368 New England Journal of Medicine 1763 (May 9, 2013)
Boston University School of Law Working Paper 13-20
(June 5, 2013)

Abstract

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.

The article is available on the Journal's website.

 

Abstract only. Paper can be found at 368 New England Journal of Medicine 1763 (May 9, 2013)

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Wendy K. Mariner Contact Information

Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215 USA

Professor of Law
Boston University School of Public Health
715 Albany Street
Boston, MA 02118
United States
617-638-4626 (Phone)
617-414-1464 (Fax)
Email: wmariner@bu.edu

George J. Annas Contact Information:

Professor and Chair, Department of Health Law, Bioethics & Human Rights
School of Public Health
715 Albany Street
Boston, MA 02118
United States
(617) 638-4626 (Phone)
(617) 414-1464 (Fax)
Email: annasgj@bu.edu

Found on SSRN at:

http://www.ssrn.com/abstract=2268743