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

368 New England Journal of Medicine 1763 (May 9, 2013)

Boston Univ. School of Law, Public Law Research Paper No. 13-20

Posted: 23 May 2013

See all articles by Wendy K. Mariner

Wendy K. Mariner

Boston University School of Law; Boston University School of Public Health

George J. Annas

Boston University School of Public Health

Date Written: April 1, 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.

Keywords: health law, board of health authority, obesity, soda

Suggested Citation

Mariner, Wendy K. and Annas, George J., Limiting 'Sugary Drinks' to Reduce Obesity — Who Decides? (April 1, 2013). 368 New England Journal of Medicine 1763 (May 9, 2013), Boston Univ. School of Law, Public Law Research Paper No. 13-20, Available at SSRN: https://ssrn.com/abstract=2268743

Wendy K. Mariner (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Boston University School of Public Health ( email )

715 Albany Street
Boston, MA 02118
United States
617-638-4626 (Phone)
617-414-1464 (Fax)

George J. Annas

Boston University School of Public Health ( email )

School of Public Health
715 Albany Street
Boston, MA 02118
United States
(617) 638-4626 (Phone)
(617) 414-1464 (Fax)

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