Loathsome nutritionist thinks loathsome nanny-state mayor doesn’t go far enough

posted at 2:01 pm on March 10, 2013 by Jazz Shaw

Michael Bloomberg has received more than a few broadsides for his seemingly endless parade of new, nanny-state laws designed to tell you how to live. (You know… for your own good.) And now he’s taking another shot across the bow from New York University professor and nutritionist Marion Nestle. But unlike most of the criticism that you’ve read here – or from other sane sources – Ms. Nestle feels that Bloomberg’s reign of lecturing simply doesn’t go far enough. Let’s take a look.

Barring any late legal surprises, Mayor Bloomberg’s 16-ounce cap on sugary sodas goes into effect on Tuesday, March 12. After that, restaurants, movie theaters, sports venues and food carts will not be permitted to sell extra-large portions of sugar-packed drinks.

Stay calm. This does not signal the end of democracy in America. This is not the nanny state gone out of control.

If we want Americans to be healthy, we are going to have to take actions like this – and many more – and do so soon.

First of all, I’ll find some common ground in this debate by agreeing with Dr. Nestle on one point. This is not the “end of democracy.” In fact, this is democracy in action… at its very worst. Leaving aside, for the moment, the fact that we don’t actually have a textbook “democracy” here, the scene playing out in the Big Apple is democracy taken to the extreme. It’s a lesson in what happens if you keep electing the same type of nanny-state, big spending, “government is the answer to all problems” types over and over again regardless of the consequences.

As to the second part of her assertion, yes… this is the nanny state gone out of control. But the professor disagrees.

So-called “nanny-state” measures – like bans on driving while drunk, smoking in public places and, now, selling absurdly large sugary drinks – help to level the playing field. Such measures are about giving everyone an equal opportunity to live a safer and healthier life.

At the moment, it is up to you to make healthier choices, but that’s not easy in the face of relentless soda marketing. Governments have a responsibility to provide healthier environments for their citizens.

Trying to design some sort of equivalency between drunk driving and buying soda is so far afield from reality as to be offensive, but the real question comes in the second paragraph. Trying to say that it’s difficult to make choices of beverages other than soda or heavily sweetened coffees is absurd. If you actually want to make the “healthy choice” in a beverage, you should probably drink water. Has anyone noticed a shortage of bottled water lately? If the real problem is “marketing” then you are assuming that the American people are so brainless, helpless and hopeless that they can not resist anything being pitched in television commercials and we need Big Brother to shield us. Why not just outlaw advertising for things you don’t agree with? (That’s probably next.)

So what are these “many more” things Professor Nestle thinks we need to be doing? Here are a few.

Close the loopholes. The city does not have jurisdiction over sales of sodas in convenience stores and supermarkets.

Fix the price differential. A 7.5-ounce can of soda costs twice as much per ounce as a two-liter bottle, and you can’t buy just one; it comes in an 8-pack. Price determines sales. If a 16-ounce soda costs a dollar, a 32-ounce soda should cost two dollars.

Tax sodas.

Remove vending machines from schools.

Restrict marketing of sodas to children.

Don’t let SNAP (food stamp) benefits be used for sodas.

Almost all of these proposals fall into two categories. They are either more regulations to restrict human behavior or – the wildly popular idea on the Left – using taxes to modify behavior by driving the price of things they don’t like to unaffordable levels. The latter is one which crops up all of the time with predictable results. When they can’t take away your guns, they want to tax the ammunition. Rather than trying to make tobacco illegal, they tax it until piracy takes over the market. And now, if they can’t ban soda outright, they’ll tax it until only the richest people can afford it. The next development after that, I assure you, will be the appearance of black market soda and a new parade of citizens being dragged into court over nonsense.

Welcome to New York. Now get out while you still can.


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Napoleon has spoken

John the Libertarian on March 10, 2013 at 2:04 PM

nutritionist Marion Nestle

That’s an unfortunate name, given her chosen profession.

steebo77 on March 10, 2013 at 2:08 PM

Except we don’t live on a democracy where the whims of nanny staters and angry mobs get to vote away the rights of minorities. Dr. Nestle and Bloomberg can go pound sad. I will have my Big Mac and 32oz Coke.

jawkneemusic on March 10, 2013 at 2:08 PM

Pound sand*

jawkneemusic on March 10, 2013 at 2:09 PM

BTW, bho was about as funny as a hurd of inflamed hemorrhoids!
L

letget on March 10, 2013 at 2:02 PM

That’s because he is an inflamed hemorrhoid.

davidk on March 10, 2013 at 2:12 PM

wrong thread

davidk on March 10, 2013 at 2:12 PM

Michael Bloomberg

…is anybody else at the point where they want to say godforgiveme…Bloomie!…just FOAD?

KOOLAID2 on March 10, 2013 at 2:14 PM

Except we don’t live on a democracy where the whims of nanny staters and angry mobs get to vote away the rights of minorities. Dr. Nestle and Bloomberg can go pound sad. I will have my Big Mac and 32oz Coke.

jawkneemusic on March 10, 2013 at 2:08 PM

who exactly are the minorities here? People who drink large sodas? Give me a break.

Let New Yorkers decide for themselves what to do with their city. If you don’t like it, don’t move there.

red_herring on March 10, 2013 at 2:16 PM

What do you say we find out a little more about the good professor and exactly where she is coming from. Click here.

Based on some of the topics she covers on this page, this should be a doozy!

pilamaye on March 10, 2013 at 2:18 PM

professor and nutritionist Marion Nestle

maybe libfreeordie knows her

22044 on March 10, 2013 at 2:18 PM

How’s about salt in movie popcorn? That’s deadly to people with high blood pressure!!!1!

Ladysmith CulchaVulcha on March 10, 2013 at 2:21 PM

I can agree with disallowing food stamps to be used to purchase soda and everything else government deems unhealthy. I watch my food budget, and it’s shameful someone with an EBT card can regularly buy huge bottles and big bags of chips–in multiples like every day is Super Bowl Sunday–that are a luxury to me. But that won’t happen, because liberals will scream it’s ‘stigmatizing’ or something.

Where are sodas marketed to kids alone? Does Pepsi take out ads in comic books? Oh, wait! Ban such companies from sponsoring NASCAR. That’ll help!

I don’t know where this professor shops, but I can buy a single can of soda at my corner deli. He/she (the first name is ambiguous) needs to get out more.

I have come to hate the liberal term ‘level the playing field’. This not a contest here! Adults know what is good for them and their children. With the bombardment the past decade of nanny-state liberals like Bloomie and the prof, they’re stupid if they don’t yet and aren’t likely to ever learn.

These self-styled nutrition experts can’t even get a school lunch program right. They cut lunches to 800 calories, yet a high school student spending all day in class then going to sports practice afterward can burn up 3000 calories. What are they trying to do–prepare the next generation of Americans to get used to starvation rations?

These ‘intellectuals’ are stupid. Maybe we could solve the problems they pose by removing warning labels from everything, and letting the matter sort itself out. With any luck, they’ll all be gone in a decade.

Liam on March 10, 2013 at 2:23 PM

You get the impression if Bloomie really had his way, he would be borrowing an idea from the godawful Sly Stallone version of “Judge Dredd”;

“Be Kind To One Another! Eat Recycled Food! Recyled Food: It’s Good For The Environment And It’s OK For You!”

pilamaye on March 10, 2013 at 2:23 PM

professor and nutritionist Marion Nestle

maybe libfreeordie knows her

22044 on March 10, 2013 at 2:18 PM

…Mentors?

KOOLAID2 on March 10, 2013 at 2:24 PM

Maybe Dr. Nestle should study the correlation between the explosion in the number of food stamp recipients and the obesity epidemic.

MichaelGabriel on March 10, 2013 at 2:29 PM

Obesity can only be reversed by taking in less calories than you burn. You can get fat off healthy food. You can lose weight on junk food. You can’t just legislate it away by changing the resources available because it requires a change in what the individual is content with. Cutting out soda is a great way to lose weight. But it only works if the individual wants to lose the weight. Else they just seek calories elsewhere.

MechanicalBill on March 10, 2013 at 2:30 PM

Let New Yorkers decide for themselves what to do with their city. If you don’t like it, don’t move there.

red_herring on March 10, 2013 at 2:16 PM

Gee whiz golly, perfesser, I must have missed the referendum. I sure don’t want to tell the fine people of New York how to be living right in where they live.

Do you think you could pass along to their duly elected multi-billionaire tiny tyrant to afford me the same courtesy? I’d prefer to keep using my weapons only for hunting, target shooting, and my own personal protection. But, if he wants to try to keep imposing his extra-territorial will upon me … well …

M240H on March 10, 2013 at 2:30 PM

Anyone else think Bloomberg is just an absolute deadringer for the Grinch who stole Christmas?

teacherman on March 10, 2013 at 2:30 PM

who exactly are the minorities here? People who drink large sodas? Give me a break.
Let New Yorkers decide for themselves what to do with their city. If you don’t like it, don’t move there.
red_herring on March 10, 2013 at 2:16 PM

Calm down Nancy. I’m just saying we don’t live in a democracy where a majority of New Yorkers get to tell the minority who DO want a large soda that they can’t have one.

jawkneemusic on March 10, 2013 at 2:32 PM

I’m surprised Bloomie hasn’t gone after all-you-can-eat buffets like Old Country Buffet and Golden Corral! You walk into those places, and you think you have stumbled into a shelter for escapees from a fat farm! It’s like an Obesity convention!

pilamaye on March 10, 2013 at 2:33 PM

This is what you get when you allow the government to take care of you.

When the government is paying for your health care … they WILL eventually begin to control how you live your life. They will control every aspect of it because this comes from the left and the left never, never, ever stops. They only stop when either they’re all dead or we are.

darwin on March 10, 2013 at 2:36 PM

using taxes to modify behavior by driving the price of things they don’t like to unaffordable levels.

So we tax things, like soda and cigarettes, because we want less of them? hmm… makes sense…

Then I bet we can subsidize things we want more of, like college degrees or green energy… This whole Liberal/Progressive thing is actually pretty smart.

Now I know why we want to tax rich people and subsidize poor people.

Hey, wait a second…

trubble on March 10, 2013 at 2:38 PM

BTW, bho was about as funny as a hurd of inflamed hemorrhoids! L

letget on March 10, 2013 at 2:02 PM

That’s because he is an inflamed hemorrhoid.

davidk on March 10, 2013 at 2:12 PM

wrong thread

davidk on March 10, 2013 at 2:12 PM

But somehow appropriate.

M240H on March 10, 2013 at 2:41 PM

they’ll tax it until only the richest people can afford it.

Reminds me of something that I had forgotten and remembered last week…

Noted Climate Change Crusader Has Home Air-Conditioning Window Unit Installed On His SUV/Limo In Order To ‘Beat The Heat’

Progs and their “Hypocritic Oath.”

Resist We Much on March 10, 2013 at 2:44 PM

Calm down Nancy. I’m just saying we don’t live in a democracy where a majority of New Yorkers get to tell the minority who DO want a large soda that they can’t have one.

jawkneemusic on March 10, 2013 at 2:32 PM

I understand what you’re saying, but you’re wrong. Unless there’s something in the new York constitution forbidding such laws, a majority absolutely can set the maximum soda size.

red_herring on March 10, 2013 at 2:45 PM

…what repugnant people!
…they… are the low-life’s!

KOOLAID2 on March 10, 2013 at 2:48 PM

This is what you get when you allow the government to take care of you.
darwin on March 10, 2013 at 2:36 PM

even if the government played no role in health care, your health choices affect everyone else. I’m sure you’re familiar with the law of supply and demand. If you demand more healthcare, the price goes up for everyone.

red_herring on March 10, 2013 at 2:49 PM

It has annoyingly come to my attention that there are quite a few of you who post here regularly who are always making fat comments about obese people and comments about ugly people especially of women who don’t fit their male ego’s position of an anorexic/skinny female they think attractive.

Keep your damn thoughts to yourself…

If fat people and ugly women are not your cup of tea, do we all need to know it!

Keep your damn opinions about attractiveness and body size to yourself…

Thank You!

No, this is not sarcasm… :-)

Scrumpy on March 10, 2013 at 2:49 PM

That’s an unfortunate name, given her chosen profession.

steebo77 on March 10, 2013 at 2:08 PM

Wouldn’t shock me if the surname contributed to her zealotry, if that’s the one she was born with (and especially if she’s over 50 and was taunted by that damn jingle growing up).

jon1979 on March 10, 2013 at 2:50 PM

But, the real Q is: Are “Assault Weapons” more deadly than “20 Oz Assault Sodas”?

Resist We Much on March 10, 2013 at 2:51 PM

Noted Climate Change Crusader Has Home Air-Conditioning Window Unit Installed On His SUV/Limo In Order To ‘Beat The Heat’

Progs and their “Hypocritic Oath.”

Resist We Much on March 10, 2013 at 2:44 PM

…OMG!…I forgot about that!… it was the first time in a long time that I was mad… and laughing at the same time!

KOOLAID2 on March 10, 2013 at 2:53 PM

Scrumpy on March 10, 2013 at 2:49 PM

Ummm.

davidk on March 10, 2013 at 2:55 PM

male ego’s position of an anorexic/skinny female they think attractive.

Keep your damn thoughts to yourself…

davidk on March 10, 2013 at 2:57 PM

KOOLAID2 on March 10, 2013 at 2:53 PM

You couldn’t make it up! Coverage led people to ask “Is this from Leno or Letterman?”

Resist We Much on March 10, 2013 at 2:57 PM

Why not just outlaw advertising for things you don’t agree with? (That’s probably next.)

They already do – cigarettes and hard liquor ads have been banned from TV for years. I’ve never seen a gun ad on TV either.

ConservativeinCO on March 10, 2013 at 2:57 PM

Loathsome nutritionist

I thought we would be referring to Michelle Obama…

beatcanvas on March 10, 2013 at 2:59 PM

“Nutrition is not a private matter.” – Hitler Youth Manual

Resist We Much on March 10, 2013 at 3:02 PM

Bloomie needs to close the loopholes that allow teachers to pass students reading below grade to the next grade. He needs to fine the teachers for each student reading below grade ($100/student/yr below grade level every 4 months??)

KenInIL on March 10, 2013 at 3:02 PM

I understand what you’re saying, but you’re wrong. Unless there’s something in the new York constitution forbidding such laws, a majority absolutely can set the maximum soda size.
red_herring on March 10, 2013 at 2:45 PM

I’m not wrong. The founders feared majoritarianism as much as a monarch. That’s why we have the Bill of Rights. Nanny Bloomberg’s soda ban is being challenged as we speak.

http://mobile.bloomberg.com/news/2012-10-12/nyc-big-soda-ban-challenged-in-court-by-industry-groups-1-.html

But go on, keep telling yourself its fine that an irrational, loathesome nanny state majority can impose their asinine rules on the minority. It worked out so well for the slave owners.

jawkneemusic on March 10, 2013 at 3:06 PM

They already do – cigarettes and hard liquor ads have been banned from TV for years. I’ve never seen a gun ad on TV either.

ConservativeinCO on March 10, 2013 at 2:57 PM

Guns and cigs I’ll grant you, but hard liquor gets just as much ad space/time as beer.

Good Solid B-Plus on March 10, 2013 at 3:07 PM

Let’s just use our Progressive smarts here peoples.

Hand over all your income to the Federal, state and local governments. Then, let them issue you a debit card to live on. Go down to the approved corner government owned food store and buy your white and black labeled food items. All food items will be in one size, one flavor and have no salt, sugar, or anything pleasant tasting. Then you can walk home to your government provided 350 square foot apartment, fill out your forms to get on the waiting list to get your government manufactured and approved low powered appliances.

No fuss, no worries, no motivation required, just drab, dreary, hopeless, and all very Soviet.

….and then pray you die quickly.

PappyD61 on March 10, 2013 at 3:08 PM

…..but, I almost forgot, none of these rules will apply to the Ruling class.

They will all live in mansions, be driven by limos, and eat at the finest restaurants.

and be serenaded by Beyonce and Adele in the palaces of the privileged.

Welcome to the PROGRESSIVE STATES OF AMERICA.

PappyD61 on March 10, 2013 at 3:10 PM

…..and one other thing.

You must respect your rulers. No dissent is allowed.

PappyD61 on March 10, 2013 at 3:11 PM

He needs to fine the teachers for each student reading below grade ($100/student/yr below grade level every 4 months??)

KenInIL on March 10, 2013 at 3:02 PM

Yes, what a brilliant idea. Someone should be made to PAY for wayward humans. How much can we charge parents for felons in prison, pray tell? Let’s see, rapists can exact one fee, murderers another. After all, it must be SOMEone’s fault they turned out like that, right?

Grace_is_sufficient on March 10, 2013 at 3:12 PM

Good choice of photo for the thread — I’ve never seen anyone who looked more like the Grinch than that shot of Bloomberg.

Aitch748 on March 10, 2013 at 3:17 PM

Fix the price differential. A 7.5-ounce can of soda costs twice as much per ounce as a two-liter bottle, and you can’t buy just one; it comes in an 8-pack. Price determines sales. If a 16-ounce soda costs a dollar, a 32-ounce soda should cost two dollars.

Because what you’re really mostly paying for is the packaging. Small cans or bottles produce much more trash per volume of liquid than large. Why does Bloomberg hate the environment?

Fenris on March 10, 2013 at 3:17 PM

Bloomberg fits in quite nicely in that left wing, liberal State. NYC residents elected him now let them live with him. He only warrants our attention if he attempts to spread his liberal disease outside the city limits of New York City.

rplat on March 10, 2013 at 3:28 PM

At the moment, it is up to you to make healthier choices, but that’s not easy in the face of relentless soda marketing. Governments have a responsibility to provide healthier environments for their citizens.

In other words, the citizens of the U.S. are too stupid to be permitted to make their own decisions.

obladioblada on March 10, 2013 at 3:28 PM

What do you say we find out a little more about the good professor and exactly where she is coming from. Click here.

Based on some of the topics she covers on this page, this should be a doozy! pilamaye on March 10, 2013 at 2:18 PM

=======================

It reads like self-parody: Marion Nestle is a consumer activist, nutritionist, and academic who specializes in the politics of food and dietary choice. Nestle received her BA, PhD, and MPH from the University of California, Berkeley.

========================

And of course she’s strangers with makeup and personal grooming. Carrots play a large role in her life.

jangle12 on March 10, 2013 at 3:33 PM

even if the government played no role in health care, your health choices affect everyone else. I’m sure you’re familiar with the law of supply and demand. If you demand more healthcare, the price goes up for everyone.

red_herring on March 10, 2013 at 2:49 PM

What?

If you need more health care then pay for it. If it’s by insurance, then the insurance company should be able to charge you higher premiums. That’s the incentive people need, not some little tyrants drooling over controlling everything everyone does.

darwin on March 10, 2013 at 3:33 PM

It reads like self-parody: Marion Nestle is a consumer activist, nutritionist, and academic who specializes in the politics of food and dietary choice. Nestle received her BA, PhD, and MPH from the University of California, Berkeley.

jangle12 on March 10, 2013 at 3:33 PM

Just what the devil is ‘the politics of food’? That’s like studying the ‘politics of going to the john’.

The only politics of food I can think of is how nanny-staters can use it as a weapon of control. I guess I need to be one of them new-fangled ‘intellectuals’ to grasp the concept.

Liam on March 10, 2013 at 3:39 PM

I’m sure you’re familiar with the law of supply and demand. If you demand more healthcare, the price goes up for everyone.

red_herring on March 10, 2013 at 2:49 PM

Liberals just can’t get it through their head that the world is not a zero sum game.

BDavis on March 10, 2013 at 3:41 PM

I’m not wrong. The founders feared majoritarianism as much as a monarch. That’s why we have the Bill of Rights. Nanny Bloomberg’s soda ban is being challenged as we speak.

http://mobile.bloomberg.com/news/2012-10-12/nyc-big-soda-ban-challenged-in-court-by-industry-groups-1-.html

But go on, keep telling yourself its fine that an irrational, loathesome nanny state majority can impose their asinine rules on the minority. It worked out so well for the slave owners.

jawkneemusic on March 10, 2013 at 3:06 PM

And which right in the bill of rights prohibits bans on soda-size? Almost all laws involve a majority telling a minority what it can or cannot do (drug dealers and drunk drivers are minorities too!). That’s how democracies work. The important question is which minorities need to be protected from majority rule. I find it pretty hard to believe that the founders meant to protect people who drink large sized sodas.

PS: The fact that the law is being challenged doesn’t mean it’s illegal. I promise to stop posting in the comments forever if the law is ultimately held to be illegal.

red_herring on March 10, 2013 at 3:44 PM

What?

If you need more health care then pay for it. If it’s by insurance, then the insurance company should be able to charge you higher premiums. That’s the incentive people need, not some little tyrants drooling over controlling everything everyone does.

darwin on March 10, 2013 at 3:33 PM

I think we’re arguing past one another. My point was simply that other people’s healthcare decisions affect the price I have to pay for healthcare, regardless of whether the government is involved in the healthcare business.

Liberals just can’t get it through their head that the world is not a zero sum game.

BDavis on March 10, 2013 at 3:41 PM

And you don’t seem to understand that the reason healthcare costs money is because it isn’t unlimited. Of course healthcare is a zero sum game. If you’re seeing Doctor X at 1pm today, I can’t see him at 1pm today.

red_herring on March 10, 2013 at 3:50 PM

red_herring on March 10, 2013 at 3:44 PM

The USA is not a democracy you fool! The gun grabbers says the same crap. “Look at the polls, padrrrrr! The people support it!”

You ever stop to think that ones pursuit to happiness might be eating themselves to death? No you haven’t because you’re too busily obsessing over how other people live their lives. Over eating is unhealthy and I wouldn’t do it buy who the hell am I or you to tell people otherwise?! If a minority of New Yorkers want to gulp down large soda’s then let them your freak. It’s not your body or life.

jawkneemusic on March 10, 2013 at 3:51 PM

And which right in the bill of rights prohibits bans on soda-size?

red_herring on March 10, 2013 at 3:44 PM

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The question you should be asking is what grants the government authority to make such a law.

Fenris on March 10, 2013 at 3:52 PM

I think we’re arguing past one another. My point was simply that other people’s healthcare decisions affect the price I have to pay for healthcare, regardless of whether the government is involved in the healthcare business.

red_herring on March 10, 2013 at 3:50 PM

If the government wasn’t involved your individual premium would be based on your risk. It’s not.

The whole thing is a mess because of government intrusion anyway. It’ll come crashing down like everything else soon enough.

darwin on March 10, 2013 at 4:01 PM

If we want….. we are going to have to take actions like this – and many more – and do so soon.

If WE are sick of behavioral fascists like you, WE are going to have to take action, and do so soon.

Mimzey on March 10, 2013 at 4:04 PM

The question you should be asking is what grants the government authority to make such a law.
Fenris on March 10, 2013 at 3:52 PM

The same power that gives states the authority to regulate drugs and alcohol.

red_herring on March 10, 2013 at 4:11 PM

If we want Americans to be healthy, we are going to have to take actions like this – and many more – and do so soon.

YOU will follow orders! It’s for your own good! Now fall out each morning with your block leaders for calisthenics!

GarandFan on March 10, 2013 at 4:12 PM

If you actually want to make the “healthy choice” in a beverage, you should probably drink water. Has anyone noticed a shortage of bottled water lately?

Ironically, up here in Massachusetts, the good people of Concord, MA have done exactly this: banned the sale of bottled water.

Rock. Meet Hard Place.

sultanp on March 10, 2013 at 4:14 PM

Why not just make it illegal to be fat? If your BMI is too high, you get sentenced to a government Fat Camp (at your own expense, of course.) where you will be exercised and fed healthy Vegan food until you reach specifications. BMI certifications, issued by Obamacare care givers only, will be required to be filed with your tax returns. Fail to do so and an HHS SWAT team will kick down your door at 6AM and force you onto a scale.

It’s for your own good.

Socratease on March 10, 2013 at 4:15 PM

Ban soda and legalize pot–only in liberal minds do both make sense.

STL_Vet on March 10, 2013 at 4:15 PM

bloomdong better get with it? The feds are going around him and now saying what infants must eat?

http://cnsnews.com/news/article/federal-government-will-issue-dietary-guidelines-infants
L

letget on March 10, 2013 at 4:16 PM

If you’re seeing Doctor X at 1pm today, I can’t see him at 1pm today.

red_herring on March 10, 2013 at 3:50 PM

Or, you could go see Doctor Y. We don’t exactly have a shortage of people on Earth who could become doctors.

BDavis on March 10, 2013 at 4:22 PM

You ever stop to think that ones pursuit to happiness might be eating themselves to death? No you haven’t because you’re too busily obsessing over how other people live their lives. Over eating is unhealthy and I wouldn’t do it buy who the hell am I or you to tell people otherwise?! If a minority of New Yorkers want to gulp down large soda’s then let them your freak. It’s not your body or life.

jawkneemusic on March 10, 2013 at 3:51 PM

Let’s set something straight. The law does not ban anyone from drinking any amount of soda. Would such a law be constitutional? I would guess probably not.

red_herring on March 10, 2013 at 4:22 PM

The same power that gives states the authority to regulate drugs and alcohol.

red_herring on March 10, 2013 at 4:11 PM

Is it also the same place in The Constitution that gives the government power to make you brush your teeth 3 times a day, get 8 hours of sleep, eat only a vegan diet and perform 30 minutes of cardio exercise a day? Bloomberg did say the other day we probably shouldn’t force people to exercise, but he didn’t rule it out. What should the punishment be for failure to go to bed at the appointed time? 5-10 years in jail? If it’s just like regulating drugs then that sounds about right.

Fenris on March 10, 2013 at 4:23 PM

Is it also the same place in The Constitution that gives the government power to make you brush your teeth 3 times a day, get 8 hours of sleep, eat only a vegan diet and perform 30 minutes of cardio exercise a day? Bloomberg did say the other day we probably shouldn’t force people to exercise, but he didn’t rule it out. What should the punishment be for failure to go to bed at the appointed time? 5-10 years in jail? If it’s just like regulating drugs then that sounds about right.

Fenris on March 10, 2013 at 4:23 PM

So you agree or disagree that the government has the authority to regulate drugs and alcohol? Your answer isn’t clear.

red_herring on March 10, 2013 at 4:24 PM

…probably…

red_herring on March 10, 2013 at 4:22 PM

LOL

Fenris on March 10, 2013 at 4:25 PM

The same power that gives states the authority to regulate drugs and alcohol.

red_herring on March 10, 2013 at 4:11 PM

What is this power? Where does it come from?

darwin on March 10, 2013 at 4:25 PM

…Your answer isn’t clear.

red_herring on March 10, 2013 at 4:24 PM

Now you’re just being deliberately obtuse.

Fenris on March 10, 2013 at 4:27 PM

What is this power? Where does it come from?

darwin on March 10, 2013 at 4:25 PM

the police power inherent in sovereign states

red_herring on March 10, 2013 at 4:32 PM

the police power inherent in sovereign states

red_herring on March 10, 2013 at 4:32 PM

I don’t think police power is inherent.

darwin on March 10, 2013 at 4:34 PM

So you agree or disagree that the government has the authority to regulate drugs and alcohol? Your answer isn’t clear.

red_herring on March 10, 2013 at 4:24 PM

Your point is a non sequitur.
Soda et.al are not drugs, making them outside the scope of the claimed power.

Mimzey on March 10, 2013 at 4:36 PM

Mimzey on March 10, 2013 at 4:36 PM

No. Seeing that his socratic games weren’t going anywhere, he outed himself as a fascist with no regard for the constitution. If the gov’t has undefined inherent police powers then they can do anything.

Fenris on March 10, 2013 at 4:41 PM

Let’s set something straight. The law does not ban anyone from drinking any amount of soda.

red_herring on March 10, 2013 at 4:22 PM

No, it sets a size limit depriving the citizen the ability to purchase what they desire in a more cost effective quantity. Poor people hardest hit. Why do you hate the poor? Hater!

Aviator on March 10, 2013 at 4:42 PM

I scrolled by this quickly and in my fraction of a second glance thought the picture was of Putin.

Bloomberg would probably take that as a compliment.

Gingotts on March 10, 2013 at 4:48 PM

No. Seeing that his socratic games weren’t going anywhere, he outed himself as a fascist with no regard for the constitution. If the gov’t has undefined inherent police powers then they can do anything.

Fenris on March 10, 2013 at 4:41 PM

Please please please show what part of the Constitution bars this law.

red_herring on March 10, 2013 at 4:49 PM

No, it sets a size limit depriving the citizen the ability to purchase what they desire in a more cost effective quantity. Poor people hardest hit. Why do you hate the poor? Hater!

Aviator on March 10, 2013 at 4:42 PM

They smell.

red_herring on March 10, 2013 at 4:50 PM

Let’s set something straight. The law does not ban anyone from drinking any amount of soda.

red_herring on March 10, 2013 at 4:22 PM

You’re changing the subject.
Where does the power to simply hassle people come from?

Mimzey on March 10, 2013 at 4:51 PM

Please please please show what part of the Constitution bars this law.
red_herring on March 10, 2013 at 4:49 PM

I already did. Reading comprehension isn’t your strong suit, is it? The tenth amendment. And yet you explicitly rely on an ‘inherent’ power but can’t or won’t say where you think that gov’t power is enumerated. I’m done with you.

Fenris on March 10, 2013 at 4:54 PM

I already did. Reading comprehension isn’t your strong suit, is it? The tenth amendment. And yet you explicitly rely on an ‘inherent’ power but can’t or won’t say where you think that gov’t power is enumerated. I’m done with you.

Fenris on March 10, 2013 at 4:54 PM

the 10th amendment is a limit on the federal government. It does not limit state power.

Unless a state constitution says otherwise, a state’s power need not be enumerated.

red_herring on March 10, 2013 at 5:01 PM

You’re changing the subject.
Where does the power to simply hassle people come from?

Mimzey on March 10, 2013 at 4:51 PM

I’m not familiar with the “Hassel power” but I can tell you that the police power gives a state the authority to ban the sale of certain sizes of soda.

Like I said earlier, if this law is overturned I will never comment on this site again.

red_herring on March 10, 2013 at 5:04 PM

Bloomberg’s daughter has broken almost every bone in her body because she is an equestrian. Why doesn’t he ban horses instead of soda’s?

That’s the problem with a nannies – there is no rhyme, reason or consistency to their rules.

HellCat on March 10, 2013 at 5:10 PM

I’m not familiar with the “Hassel power” but I can tell you that the police power gives a state the authority to ban the sale of certain sizes of soda.

Like I said earlier, if this law is overturned I will never comment on this site again.

red_herring on March 10, 2013 at 5:04 PM

A state has no inherent power. It has no inherent police power. All power comes from the people, and can be taken away by the people if they so choose.

darwin on March 10, 2013 at 5:10 PM

I’m not familiar with the “Hassel power” but I can tell you that the police power gives a state the authority to ban the sale of certain sizes of soda.

Like I said earlier, if this law is overturned I will never comment on this site again.

red_herring on March 10, 2013 at 5:04 PM

Is the ban is not throughout the state? I thought it was a city ban in NYC hyped by a mayor.

Mimzey on March 10, 2013 at 5:11 PM

Maybe we could solve the problems they pose by removing warning labels from everything, and letting the matter sort itself out.

Liam on March 10, 2013 at 2:23 PM

I’m a big fan of going the eco-route: re-introduce bears and wolves to the urban population centers and the suburbs.

Now I know why we want to tax rich people and subsidize poor people.

Hey, wait a second…

trubble on March 10, 2013 at 2:38 PM

Hmmmmmmm……..

GWB on March 10, 2013 at 5:11 PM

Please please please show what part of the Constitution bars this law.

red_herring on March 10, 2013 at 4:49 PM

Right here:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

the 10th amendment is a limit on the federal government. It does not limit state power.

Unless a state constitution says otherwise, a state’s power need not be enumerated.

red_herring on March 10, 2013 at 5:01 PM

Fine. Here:

AMENDMENT XIV

…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws….

GWB on March 10, 2013 at 5:14 PM

Like I said earlier, if this law is overturned I will never comment on this site again.

red_herring on March 10, 2013 at 5:04 PM

Never a greater incentive for prayer have I had! Woohoo! Go ACLU!

GWB on March 10, 2013 at 5:15 PM

Is the ban is not throughout the state? I thought it was a city ban in NYC hyped by a mayor.

Mimzey on March 10, 2013 at 5:11 PM

you’re right that its only in the city. States delegate their police power to cities.

red_herring on March 10, 2013 at 5:21 PM

That’s probably next.

Banning advertising was the first step on tobacco.

Hucklebuck on March 10, 2013 at 5:26 PM

you’re right that its only in the city. States delegate their police power to cities.

red_herring on March 10, 2013 at 5:21 PM

Where do you get this stuff?

darwin on March 10, 2013 at 5:26 PM

GWB on March 10, 2013 at 5:14 PM

you honestly think the 14th amendment (read substantive due process) prohibits this law? I respectfully disagree.

red_herring on March 10, 2013 at 5:28 PM

Where do you get this stuff?

darwin on March 10, 2013 at 5:26 PM

it’s civics 101. If you don’t know this stuff, maybe you should hold off on commenting for a while.

red_herring on March 10, 2013 at 5:30 PM

I think we’re arguing past one another. My point was simply that

other people’s healthcare decisions affect the price I have to pay for healthcare,

regardless of whether the government is involved in the healthcare business.

red_herring on March 10, 2013 at 3:50 PM

Same thing with car insurance, fast food, clothing, housing, computers, etc. In fact, every decision every other person on this planet makes affects your life in some manner.

Did you not realize that?

Suppose you really like the Iphone 4S, but no one else does. This fact increases the price you have pay for the Iphone 4S. Is that unfair? Or should purchasers of an Android device subsidize your IPhone purchase?

BobMbx on March 10, 2013 at 5:31 PM

Remember, the smoking bans started with half a plane. Now, before this goes in the wrong direction, I’m just saying that’s how it started, not whether it was right or wrong. So, if Bloomberg gets away with this, don’t expect it to stop with 16 oz sodas. These people never stop and there’s always someone, in this crowd, who doesn’t want YOU to have something.

There are people like this around all the time just looking for something to stop you from having because they don’t like it. The only way to stop them is to say, “This is a free country.” but we lost that attitude a long time ago.

bflat879 on March 10, 2013 at 5:36 PM

it’s civics 101. If you don’t know this stuff, maybe you should hold off on commenting for a while.

red_herring on March 10, 2013 at 5:30 PM

Yeah dude … the entire concept of the United States is a people freed of coercive government and tyranny. Perhaps studying some American history would help.

There is no “inherent” police power. Citizens grant that authority. Any city or town can disband their police department if they want. Any state can disband their state police if they want. Government is created by the people to serve the people … not rule the people.

darwin on March 10, 2013 at 5:36 PM

So, if Bloomberg gets away with this, don’t expect it to stop with 16 oz sodas. These people never stop and there’s always someone, in this crowd, who doesn’t want YOU to have something.

bflat879 on March 10, 2013 at 5:36 PM

Absolutely. That’s a hallmark of the left … never stopping.

darwin on March 10, 2013 at 5:37 PM

Same thing with car insurance, fast food, clothing, housing, computers, etc. In fact, every decision every other person on this planet makes affects your life in some manner.

Did you not realize that?

BobMbx on March 10, 2013 at 5:31 PM

and that’s why I generally don’t find libertarian arguments to be very persuasive.

red_herring on March 10, 2013 at 5:39 PM

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