NYC Soda Ban To Take Effect On Tuesday, Prohibiting Sale Of 16-Plus Ounce Sugary Drinks; Business Owners Hopefully Await Court Decision On Legality Of Ban

The NYC soda ban will take effect in less than 24 hours.

Starting on Tuesday, March 12, NYC restaurants and businesses will be banned from selling sugary drinks and sodas in cups exceeding 16-ounces.

WPIX reported that after the NYC Soda ban takes effect, health inspectors will be dispatched with special 17-ounce cups to measure each pour.

"We're not banning anything. It's called portion control," explained Mayor Michael Bloomberg on CBS's Face The Nation on Sunday.

"Being overweight is the first time it's gone from a rich person's disease to a poor person's disease. We've just got to do something. And all we're doing in New York is reminding you that it's not in your interest to have too many empty calories," Bloomberg stated.

Not all New Yorkers back the new ban. "That should be everybody's choice, but if you want it you will find a way to get it," stated Sandra Brown, a frequent McDonald's customer.

A legal challenge to the new ban is pending in the State Supreme Court.

There is a 3-month grace period before the $200 penalty that businesses will have to pay if they don't comply with the ban.

Some coffee chains are finding ways around the new ban, according to WPIX-11.

Customers of certain chains will be asked to add their own sugars to large coffees. Dunkin' Donuts has a flier with instructions to get around the ban.

Lattes are often exempt, because they contain a large amount of milk. Customers can add all the sugar or syrups that they want, but the chains cannot add it for them.

Starbucks said it won't comply with the ban, and noted that most of its drinks are customized.

Diet sodas and non-sugary drinks are exempt from the ban. This and other inconsistencies anger the restaurant and beverage industry.

For example, convenience stores are exempt from the ban, making 'Big Gulps' purchased at 7-11 perfectly legal. This is because 7-Elevens, as convenience stores, are regulated by the state and considered markets.

The restriction also doesn't apply to alcoholic beverages, like beer and margaritas, but it does cover energy drinks and sweetened fruit smoothies.

Bloomberg and other city officials have pushed the NYC soda ban because obesity rates have risen from 18 to 24 percent in a decade among adult New Yorkers, according to the Huffington Post.

Health officials say that sugar-filled drinks are largely to blame for the obesity epidemic, since they carry hundreds of calories without making people feel full. 

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