Comments of Keep Food Legal Opposing New York City

1
Comments of Keep Food Legal Opposing New York
Citys Proposed Soda Ban

• Baylen J. Linnekin, B.A., M.A., J.D., LL.M.
• Executive Director, Keep Food Legal
• http//www.keepfoodlegal.org/
• New York City Department of Health Mental
  Hygiene
• Public Hearing July 24, 2012

2
Summary Reasons We Oppose the Proposed Ban

1. It lacks a scientific justification or other
   rational basis
2. It would have negative intended and unintended
   consequences
3. It would restrict food freedom of choice
4. It faces widespread opposition from diverse cross
   section of experts, advocates, public
   intellectuals, media
5. It would not achieve its stated goal

3
Lack of Scientific Support No Rational Basis

• The proposed ban lacks scientific support
• Will this ban improve the health of New Yorkers?
• Data show no rational basis for ban
• Research cited as basis and purpose of ban in
  fact does not support bans main contention
• DOHMH Health Bulletin New York City
  neighborhoods that report lower physical activity
  levels and less fruit and vegetable consumption
  have higher obesity rates.
• Sales of sugary sodas have declined as obesity
  rates rose
• Sugary drinks make up nearly 40 fewer calories
  today thanks to popularity of diet drinks

4
Lack of Scientific Support No Rational Basis
5
(Un)intended Consequences

• Intended Consequences
• New Yorkers will pay more in taxes
• Micro-level unintended consequences
• People may drink more sugary drinks or switch to
  alcohol
• People will spend more of their paychecks on
  sugary drinks
• Small businesses will suffer
• Macro-level
• Undermines legitimate public-health efforts
• Environmental consequences
• The Unknown?

6
The Ban Would RestrictFood Freedom of Choice

• Support for the Ban
• Mayor Bloomberg Food choice not a freedom....
  that the Founding Fathers fought for
• Jamie Oliver We cant trust people to make their
  own choices
• Dr. Weisberg Ban raises trivial issues of
  personal freedom
• Opposition to the Ban
• Thomas Jefferson
• Notes on the State of Virginia
• Declaration of Independence
• James Madison
• Letters to Jefferson on madness of despotic
  food bans
• Bill of Rights

7
The Ban Faces Diverse andWidespread Opposition

• Just the usual suspects?
• Impacted businesses
• Opponents of nanny state
• Opposition is widespread
• Media
• U.S. News, The Nation, Jon Stewart, Washington
  Post, New York Times, Slate, and others
• New Yorkers and Americans
• Rasmussen 65 Percent Say No To NYC Large-Sugary
  Drink Ban
• In Quinnipiac poll, Staten Islanders say
  Bloomberg soda ban has no fizz

8
The Ban Will Not Achieve Its Stated Goal

• Why this ban will fail
• Bad science
• Unintended consequences
• Public opposition
• Are New Yorkers Healthier After...
• ...trans fat ban?
• ...compelled menu labeling?
• ...homeless feeding ban?

9
Conclusions

• Keep Food Legal members and supporters oppose the
  proposed soda ban
• Public health community rightly has no say in
  whether we exercise, proper bedtime, frequency or
  identity of sexual partners
• New Yorkers at their best when theyre most free
• Learn more at happy hour and soda salon at East
  Villages Northern Spy Food Co. from 4-6 PM today

10
Thank You!

• Keep Food Legal
• Promoting the right of every American to grow,
  raise, produce, buy, sell, share, cook, eat, and
  drink the foods of their own choosing."
• http//www.keepfoodlegal.org/
• 3509 Connecticut Ave. NW, 1009 Washington, DC
  20008
• Phone [phone] Fax [phone]