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Old 03-11-2013, 02:31 PM
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NYC slarge soft drink ban stuck down by courts

The courts found the law flawed.


Quote:
Judge tosses out NYC's planned ban on sugary drinks

How sweet it is -- for sugar-lovers anyway.

A judge on Monday invalidated New York City's plan to ban large sugary drinks from restaurants, movie theaters and other establishments, one day before the new law was to take effect.

State Supreme Court Justice Milton Tingling in Manhattan ruled the new regulation was "arbitrary and capricious" and declared it invalid, after the American Beverage Association and other business groups had sued the city challenging the ban. http://www.nbcnews.com/business/judg...inks-1C8809186
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Old 03-12-2013, 12:13 AM
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Glad to see that..
Next thing our brilliant Florida legislators will want to do the same thing...

Can't imagine a small Black Russian...))))
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Old 03-12-2013, 09:30 AM
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That's great news.

Perhaps they didn't take it far enough. I think all food should be distributed in tasteless pellets. You only get pellets if you prove you did your daily exercise.

Maybe coffee should come in pellets. Wait, they do ... the call them "fat burner diet pills"....
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Old 03-12-2013, 09:36 AM
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Quote:
http://www.guardian.co.uk/world/2013...an-struck-down


New York City soda ban struck down by judge in eleventh-hour ruling

A judge has halted a controversial ban on large sugary drinks in New York just hours before it was to go into force, ruling it "arbitrary and capricious".
..........

The new rule banned the sale of large containers of sweetened drinks at food carts, restaurants, bowling alleys and movie theatres. But convenience shops and grocery stores, which lie beyond the authority of the city's health department, would still have been allowed to sell large containers. This inconsistency – and confusion about precisely which drinks were covered – raised the prospect that a branch of 7-Eleven could continue to sell a "Big Gulp" on the same block as a restaurant where such a drink would be banned.

In his 37-page ruling, judge Milton Tingling said the ban was "fraught with arbitrary and capricious consequences" that made the task of enforcing it almost impossible "even within a particular city block, much less the city as a whole".

He listed the many inconsistencies in the plan: that it did not apply to every food establishment in the city, that it excluded some drinks that had higher concentrations of sugar or calories "on suspect grounds", and that it did not limit the amount of refills. These served only to "gut the purpose of the rule", the judge said.

He went on: "The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole … the loopholes in this rule effectively defeat the stated purpose of the rule."

The judge also ruled that pursuing the ban through the city's board of health, rather than through a vote on the city council, amounted to an over-reach of his executive powers.
..........

Bloomberg compared the ban on sugary drinks to his earlier public health initiatives, the clampdown on smoking in public and the rules that apply hygiene grades to restaurants.
...........

The American Beverage Association, one of seven petitioners against the sugary drinks ban, said the ruling "provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban".


Quote:
A judge has halted a controversial ban on large sugary drinks in New York just hours before it was to go into force, ruling it "arbitrary and capricious".
.......

The American Beverage Association ... "by this arbitrary and unpopular ban"

.... in eleventh-hour ruling


with all the Judge found wrong with the law, one might wonder why he waited till the last hour to render his judgement - should it be surprising it reflects the same sentiment as the American Beverage Association ?


and that it did not limit the amount of refills.


and one might wonder, even as the Judge himself points out above, if there were no limit on refills, why then would it be objectionable as being "arbitrary and capricious" - and just let it stand as directed by the elected official ?


another senseless "roadblock" to a healthier society ...
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Old 03-12-2013, 11:07 AM
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Quote:
Originally Posted by breezewood
another senseless "roadblock" to a healthier society ...
Out of curiosity, is there a chance you will EVER oppose a law where the government directs how we can live... or are you committed to enabling these all-knowing and wise bureaucrats and politicians to make ALL personal decisions for us should they so choose?

If not, why are you not moving to a country that is already a dictatorship? I'm sure North Korea is lovely this time of year. Wouldn't it save time?
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Old 03-12-2013, 11:34 AM
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Ok, I am sooo going to get myself burnt for these next comments, but here goes!

Though I do not agree to governments encroaching on peoples lives at every level, I do actually agree to this (in a way).

The way I see it is that there is a large (excuse the pun) portion of society that just can't help themselves and fall for a lot of these companies marketing ploys and go for the LARGE option at just a few extra cents.

Now though this is great and the punter is the winner here, actually the punter is NOT the winner because if they were, these companies wouldn't be offering the larger choice at their own expense.

Now a lot of people that go for these unhealthy options and go LARGE seem to be the poorer class, the ones who probably don't have private medical insurance.

Now if you think about this for a minute, the average working American who pays his/her taxes, has medical insurance etc, this "going LARGE" option isn't too much of a biggie if they choose, but looking at Americas demographic, if millions of the poorer folk choose these options, put on weight, get diabetes, high cholesterol, and, or require medical treatment, who is it that pays for this?

Isn't it the working class that pay to fund their bills Medicare/MedicAid (sorry, I am not sure what exactly it is called).

In my opinion, if my taxes are going to go up over the years because a portion of society that don't have healthcare are making the wrong choices and putting themselves in this situation, then you can bet your bottom dollar that I am all in favour of government intervention, because lets face it, with all the health food programs and fitness documentaries on tv, millions of people still don't seem to be paying any attention and just keep getting bigger and bigger... Not at MY EXPENSE!!

Just my 2 cents - But then again, I am not a US citizen, though the same applies over here in the UK.
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Old 03-12-2013, 12:27 PM
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I will support a government mandated diet to confront obesity only after they ban risky sexual behavior. (Had to work real hard to clean that remark up enough for a family friendly site.)
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Old 03-12-2013, 12:33 PM
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Quote:
Originally Posted by ScriptMan View Post
I will support a government mandated diet to confront obesity only after they ban risky sexual behavior. (Had to work real hard to clean that remark up enough for a family friendly site.)
lol!

Believe it or not, I totally get it and do think that no government has the right to tell people exactly what they can or can't do.

My main concern is just that people need to take responsibility for their actions and so far, society has proved that there is a portion of society that can do whatever they wish and the responsibility falls on me with my taxes as some of these people have no intention of being responsible for their actions.
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Old 03-12-2013, 12:52 PM
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Well I have a solution for that second part also. The nicer version is palliative only care.
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Old 03-12-2013, 04:07 PM
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Do the same thing they do with smokers.
Tax the hell out of them.
Tax the foods that most lead to obesity.
The heavy eaters will pay for their own eventual care that way.
 
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Old 03-12-2013, 05:52 PM
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Quote:
Zap: Do the same thing they do with smokers.

very similar to the campaign against smoking ... and the gov'ts (Judiciary) intransigence against progress per a prejudice for the status quo of incumbent special interests.

obesity and diabetes are both a personal and national concern ...
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Old 03-13-2013, 03:01 AM
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Waiting for an email from Washington..

What can I eat for breakfast this morning?
Along with a check from them to pay my bills...

The rest must be omitted......<snicker>
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Old 03-13-2013, 08:35 AM
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Do the same thing they do with smokers.
Tax the hell out of them.
Tax the foods that most lead to obesity.
The heavy eaters will pay for their own eventual care that way.
I totally know where you are coming from Zap dude and agree with it and it would actually help a little.

I smoked for 14 years in here in the UK and must have been paying at least $3 tax on a pack of 20 (yep, cigs cost a fortune in the UK) Plus, the extras I smoked when I went out drinking.

I worked this out to just under $20,000 in taxes over 14 years and if I needed treatment in a hospital for smoking related diseases, this would be swallowed up in a heartbeat, though at least I paid the $20,000 which is better than paying nothing.
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Old 03-13-2013, 09:30 AM
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Quote:
Originally Posted by G10 View Post
I totally know where you are coming from Zap dude and agree with it and it would actually help a little.

I smoked for 14 years in here in the UK and must have been paying at least $3 tax on a pack of 20 (yep, cigs cost a fortune in the UK) Plus, the extras I smoked when I went out drinking.

I worked this out to just under $20,000 in taxes over 14 years and if I needed treatment in a hospital for smoking related diseases, this would be swallowed up in a heartbeat, though at least I paid the $20,000 which is better than paying nothing.
When I last smoked (over 2 years ago), 25 cigarettes cost over $10 and about 70 percent of that was taxes.
Why not tax the fast food and processed foods that inevitably cause early health problems to pay for those early health problems?
Seems logical to me.
 
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Old 03-13-2013, 10:43 AM
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You are right dude.

The problem we have as a society is that we have everything back-to-front.

There are a lot less rich people than there are poor and we are penalizing the rich (taxing them) for being rich. I say:

1. Tax the heck out of the poor, just because they contribute little to nothing on society.

2. Hike up prices on all fatty foods so that they are out of reach for them. Yes, it is possible to survive on bread and water (and maybe add an occasional Orange or Grapefruit every other day) if one must!

3. If someone is a smoker/drinker and has only been smoking/drinking for 2 years or less, gets a smoking related illness and can't pay for the healthcare, then adding in a few more factors, for example, how long they have been unemployed (maybe 5 or more years) etc, maybe one could consider a more permanent approach to their healthcare - Euthanasia maybe?

I know I am a Brit but with my policies maybe I could still run for Governor over there

Ok, now if that doesn't annoy a few people, I really don't know what will!!
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Old 03-13-2013, 01:52 PM
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I will consider you as a running mate.

I stand for free choice and personal responsibility. The government should provide for the common defense, fill the pot holes and pick up the garbage. Most of the rest of it is up to you; including the right to die in the parking lot if cable and cell phone were more important that health insurance.
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Old 03-13-2013, 03:33 PM
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Thanks dude.

Don't tell me, it was the "Euthanizing the sick unemployed without medical care" part that swung it for you
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Old 03-13-2013, 05:12 PM
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Thanks dude.

Don't tell me, it was the "Euthanizing the sick unemployed without medical care" part that swung it for you
What have the poor and the lame done for me lately?
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Old 03-13-2013, 10:57 PM
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Freedom...the ability to die any way you want...
But you get to die happy....

Always thought that free heroin would solve a lot of problems...))

And stop using my tax dollars to pay for the reckless fools who refuse to learn...))
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Old 03-13-2013, 11:03 PM
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Worried about the rise of diabetes? lol
Then what should these beverage companies do to sweeten their drinks? Should they use alternatives like aspartame, sucralose, cyclamate, etc? I know one brand of soda (Coke I think) who used aspartame in one of their brands. But I don't see much it around.
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