Jacob Sullum
Everyone expected that New York City's Board of Health, all 11 members of which were appointed by Mayor Michael Bloomberg, would rubber-stamp his proposed 16-ounce cap on servings of sugar-sweetened soft drinks. But at a meeting last week, several board members zeroed in on the most obvious problem with Bloomberg's plan to treat adults like children: It does not go far enough.

Given Bloomberg's avowed goal of reducing New Yorkers' waistlines by reducing their calorie intake, his soda scheme is indeed absurdly inadequate, as he inadvertently emphasizes every time he minimizes the extent to which it will restrict consumer freedom. Once we accept the premise that our weight is the government's business, we open the door to meddling far more intrusive and oppressive than Bloomberg's pint-sized pop prescription, which is bound to fail as an anti-obesity measure but could still succeed as a paternalistic precedent.

Although the Board of Health unanimously agreed to hold a hearing on the soft drink regulations next month, followed by a final vote in September, members' comments highlighted the timidity of the mayor's supposedly courageous plan. Joel Forman questioned the exception for milk-based beverages such as coffee drinks and chocolate shakes, which "have monstrous amounts of calories" -- more per ounce than soda, in fact, which is also true of the fruit juices that would be exempt from Bloomberg's serving ceiling.

Another board member, Michael Phillips, noted that the carve-out for drinks sold by convenience stores, supermarkets and vending machines (which are not regulated by the city's health department) means 7-Eleven's Big Gulp -- the very epitome of the effervescent excess decried by Bloomberg -- will remain available. There also was murmuring about the continued legality of free refills, which will allow people to drink as much soda as they want, provided they do it 16 ounces at a time.

And why focus exclusively on beverages, when man does not get fat by soda alone? If the city is going to ban extra-large drinks in movie theaters, what about extra-large popcorn?

"The popcorn isn't a whole lot better from a nutritional point of view than the soda is," board member Bruce Vladeck observed, "and may have even more calories." Phillips likewise questioned the mayor's liquidity preference. "We're really looking at restricting portion size," he said, "so the argument could be ... what about the size of a hamburger or the jumbo fries, and all that kind of stuff?"

Jacob Sullum

Jacob Sullum is a senior editor at Reason magazine and a contributing columnist on Townhall.com.
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