So It Is Written, So It Shall Be Done...

Photo from http://www.breitbart.com

Unless you are New York City Mayor, Michael Bloomberg, where, in his case, it was written and then UNDONE. Today, in an eleventh hour ruling, New York State Supreme Court judge Milton Tingling, slapped the fizz right out of Mayor Bloomberg's drinks ban. The proposed ban, in an effort to curb obesity, sought to limit the size of sugary drinks to 16 oz, while ignoring the more problematic causes of obesity. The ban was to go into effect tomorrow. Bloomberg says the ruling is "clearly an error" and says the city plans to appeal.

Judge Tingling wrote the ban was "arbitrary and capricious', which is exactly what was discussed here on this blog. He went on to say the ban would pose uneven burdens across different business owners, even on the same block. The judge added "the loopholes in this rule effectively defeat the stated purpose of this rule", a point argued by yours truly last year; 

"The short-sided, narrow-minded 'ruling' of the appointed NYC Board of Health does nothing to address the obesity epidemic but certainly means I can still drink a 200 calorie soda with my meal. Like most other intrusive, far-reaching over-regulation, this resolution is born from the liberal mindset of government can cure all ills, including obesity." - from @DrinkPro, 9/18/2012

Do I feel vindicated? Not really. I was one of many voices of reason who argued for the pro-choice side about the ill-advised attempt by Bloomberg to dictate personal behavior. I was called names and my blog was inundated with hate email. I expect the very same thing again, but I don't mind. As long as you remain civil in discourse, you can win any argument. Just stick to the facts, remain professional and don't get personal, as I demonstrated here;

"Mayor Bloomberg has adamantly laid out his case citing his desire to curb the obesity rate, with clear goals laid out over the next 10-20 years. But, merely being passionate about obesity isn't enough [reason] to slap a ban on those who aren't obese or for those who exercise restraint when it comes to sugary drinks." - from @DrinkPro, 6/20/2012

Professional and courteous is how I argued and the so many others who felt the Bloomberg ban was far-intrusive into the personal choices of free people. At the front and center of the debate was the American Beverage Association, a trade association that represents the non-alcoholic beverage industry. They helped the beverage companies speak with one voice and one message. Also, New Yorkers for Beverage Choices led a massive grassroots effort to bring attention to the ban. They formed a coalition of over 3,700 businesses, individuals and community organizations along with over a half-million supporters who signed up online (me included). Oftentimes, the unorganized side to a debate will most certainly lose the PR fight against a well-spoken machine. This PR fight is where this battle was won and lost. As misguided as the proposed ban was, I feel it was the city of New York and the appointed, not elected, Board of Health who was ill-prepared for the fight. It's as if they assumed New Yorkers were just going to lay down and take it just like the trans fat ban, the salt ban and the smoking ban. Well, I guess they were wrong. New Yorkers... people... Americans... are tired of being told what to do by their government. After recent legislation both locally and nationally that has gone against the will of the majority, Americans are tired and fed up with their voices not being heard by their elected officials. This time, it happened to be sugary drinks. Next time, it will be something else, but the message has been sent, loud and clear; the government can't push people around and not expect a fight.

In closing, I am not trying to toot my own horn because of my accurate, dead on predictions of the judge's ruling. Ok, yes I am... I pretty much nailed his decision! But, I'll leave the prediction business to Nostradamus. Instead, I prefer to simply educate through fact-based convincing.  A novel approach nowadays. However, I will leave you with a quote... one that, once you see who wrote it, you wont be surprised it rings as true today as it did back then;

"All men having power ought to be distrusted to a certain degree."

-James Madison, a Founding Father in a speech at the Constitutional Convention, July 11, 1787

This blog is the opinion of the author. None of the individuals or companies mentioned have any affiliation with this blog, nor do they endorse its contents...but they should. Gregg W Shore is a 27 year beverage veteran who writes his blog @DrinkPro, A View of the Beverage Industry, from the Inside Out. Connect on LinkedIn and follow on Twitter @DrinkPro

Nine-tenths Of An Ounce Stands Between Me and My Tea

One sip. That's all. Just one sip. But, how can one sip less mean more? Last week, NYC Mayor, Michael Bloomberg, got a big win in his "fight" against obesity. That win came in the form of a resolution (read it here) passed by his Board of Health. A board which he appointed and a board which yields an unprecedented amount of autonomous regulatory authority. Their own Charter states their ambiguous power grab: 

Section 556 of the Charter provides the Department of Health and Mental Hygiene 
(“Department”) with jurisdiction to regulate all matters affecting health in the City of New York.

• Section 556(c)(2) empowers the Department to supervise the control of chronic disease;
• Section 556(c)(9) empowers the Department to supervise and regulate the food supply.
• Section 558(b) and (c) of the Charter empower the Board of Health to amend the Health Code and to include in it all matters to which the Department’s authority extends.
• Section 1043 of the Charter grants the Department rulemaking (sic) powers. 

Photo appeared online @  http://blogs.tribune.com.pk 

Allow me to explain how ridiculous the misguided NYC BOH resolution is; Simply stated, I can no longer enjoy my favorite tea which contains only 70 calories, because it comes in a 16.9 oz bottle, but, I can still purchase my favorite soda which contains 200 calories because it comes in a 16 oz bottle... one sip less. 

The short-sided, narrow-minded "ruling" of the appointed NYC Board of Health does nothing to address the obesity epidemic but certainly means I can still drink a 200 calorie soda with my meal. Like most other intrusive, far-reaching over-regulation, this resolution is born from the liberal mindset of government can cure all ills, including obesity. If this was gold, we'd be talking nearly $1700 worth, but it's tea, something apparently far more valuable in the time and money spent by the city to fight.

Do you think Bloomberg's BOH did the Math on my caloric intake if I opt for the full-calorie soda? That choice will result in a net increase of 130 calories. That equation does not appear to result in helping many people curb obesity. I believe we call that fuzzy Math.

Mayor Bloomberg and his BOH feel they are doing the public's work for the good of all, because they think they know better than you. When public officials feel they know better than us, they will stop at nothing to complete their mission. To them, the ends justify the means. Except, in this case, the "end" may very well be the opposite of what they intended. 

The SCOTUS Ruling Will Fuel More Government Reach Into Your Drink

Today's Supreme Court decision on The Affordable Care Act will go a long way in empowering those who feel they know what's better for you than you do yourself. It's been to the highest court in the land and came out on the other side, no worse for wear.

In cities across the country, we've watched small pieces of personal freedoms and choices get stripped away, down to the very core of basic things such as soda sizes at the movie theater. NYC Mayor Michael Bloomberg made news again last month with his recently proposed ban on sugary drinks over 16 oz in on-premise venues across the city. This far-reaching legislation caught the attention of those on the left who are always happy to levy a tax or a ban on people or things and then hide behind the populist theme of "if it's for the betterment of society as a whole, I'm all for it."

Social wins are to liberals what spinach is to Popeye. They squeeze open the can and slam it down their gullet, their muscles and veins bulging, they got their chests sticking out. They're pumped up, man! And they should be. But, be careful. What comes with this new found confidence is a brazenness to go further. It's a blood sport once it reaches SCOTUS level and they want to put their foot on your throats while you're down. They want to finish you off like a fatality in Mortal Kombat. 


The only way to fend off further far-reaching government intervention is to stay informed and stay active. Educate yourselves so you can debate a liberal. But don't stoop to the level of hysterics. They are really good at that. They will use terms such as "fair" or "equality" and other class-warfare buzz words to try to cloud the debate waters and fuel anger. Don't fall for it. Stay focused, use facts (they hate that) and keep your eye on the ball.

To keep up on the recent NYC soda ban, visit New Yorkers for Beverage Choices website. You can sign up for news alerts and even send a letter to Mayor Bloomberg. They are the local lead dog in the fight against NYC's proposed ban. Also, read the American Beverage Association Blog for more industry related news and data. You can also stay updated on beverage industry related topics and news on Twitter. Follow Kevin Perry from the Georgia Beverage Association, @GABeverage, for an in-depth view into the soda ban and other industry topics. Also, for an opposing viewpoint, follow @MicheleRSimon, a Public Health Lawyer who has been very vocal in her displeasure of big soda, big agriculture and big macs. It's important to know what the opposition is thinking, albeit misguided. Of course, you can follow me, @DrinkPro, for a little of everything. I'm kind of like a Long Island Iced Tea.

Remember, stay involved, stay educated, stay hydrated and stay polite.


This blog is the opinion of the author. None of the individuals or companies mentioned have any affiliation with this blog, nor do they endorse its contents...but they should. Gregg W Shore is a 23 year beverage veteran who writes his blog @DrinkPro, A View of the Beverage Industry, from the Inside Out. Connect on LinkedIn and follow on Twitter @DrinkPro

Nanny Nanny, Poo Poo

The recent debate over banning sugary drinks in New York City has predictably turned into name-calling on both sides. I was sucked in to this tactic in a recent article in which a reader replied by calling me an idiot and so on. No big deal, I've been called worse, as they say. I always remain civil during debate until the other side fires their salvo, leaving me with no option but to unleash a fierce, fact-based assault. I'm like the Hulk. Don't make me angry. You won't like me when I'm angry. Actually, I have fun at their expense and I enjoy reading their insults. At least their fingers are getting exercise, if nothing else.

NYC has proved to be an intense battle ground over the quintessential right of choice. The choice, being able to purchase a sugary drink in excess of 16 oz, is being taken away by Mayor Bloomberg in a far-reaching, autocratic move based on the notion that government knows best. Bloomberg said last week on CBS This Morning "if government's purpose isn't to improve the health and longevity of its citizens, I don't know what its purpose is." That sentiment, right there, is what has long concerned people that government has lost it's sense of purpose. And that has led to average citizens voicing their opinions on things such as the soda ban, because they fear the slippery slope effect. And, it is those opinions that have brought out the other side, convinced it is in fact the government's role to protect us, cradle to grave.

There have been many comparisons made to the restrictions on the sale and use of tobacco. My rebuttal to that argument is tobacco will harm the user, but some science suggests that it can also harm non-users through second-hand smoke. I don't know all the science about second-hand smoke, but, if smoking is proven to cause cancer, then I don't think it's a good idea to blow your smoke in my child's face. If science has already said is toxic to you, then it could potentially be harmful to others? Irrational, self-proclaimed subject matter experts, however, will get nasty and personal when data disproves or shoots holes in their defense. It's simple; my contention is the act of me drinking soda can not physically harm a child sitting in the same room. It's not the same as cigarettes, so don't go there. For that belief, I have been accused of being fat, lazy, an idiot, a moron, stupid, not caring about fat people and, last but not least, racist.

I was wondering about that last tag until I read a comment by someone about how "poor people" and "low-income" folks are basically forced to purchase large unhealthy drinks such as soda because they can't afford the "more expensive, healthier" drinks. That idea is just one step away from turning the debate on it's ear by claiming a higher percentage of blacks are poorer than whites, therefore, being against a large soda ban makes you likely to be "against" blacks. That is where the debate has shifted, unfortunately.

There are groups that are trying to defeat the soda ban because of it's broad and not very well thought out approach. Mayor Bloomberg has adamantly laid out his case citing his desire to curb the obesity rate, with clear goals laid out over the next 10-20 years. But, merely being passionate about obesity isn't enough to slap a ban on those who aren't obese or for those who exercise restraint when it comes to sugary drinks. The unintended consequences of the ban are merely collateral damage, as they always are, for the feel-gooders in our society who claim to know better than we do about what to put into our bodies. One group, New Yorkers for Beverage Choice, has taken up the fight against the ban. They claim to lay out what the ban will and will not do. They also place an emphasis on moderation, diet and exercise. How about that? Three seemingly forgotten pillars of personal responsibility when it comes to health. Other groups, such as The American Beverage Association (ABA), have also spoken out against the ban. Groups like this will be demonized for having companies such as Coke and Pepsi show their support. What would you expect Coke and Pepsi to do? Apparently, there are those who feel an industry under attack should just sit back and take it. A recent tweet by @MicheleRSimon warned her followers by tweeting "Big Bev astro-turf alert" seeming to infer that Coke and Pepsi's support for New Yorkers for Beverage Choice somehow makes the group a non-organic effort. Michele has an affinity for the use of the term "big" on her blog. That's a code word meant to identify a company as "greedy polluters". You know, big sugar, big tobacco, big oil, big agriculture. Pretty much any big industry that prefers to make a big profit. Michele, who holds a JD, says on her Twitter profile "I am a public health lawyer, writer, and advocate for food justice. My book, Appetite for Profit, exposes food industry marketing and lobbying." Bam! What catches my attention are "advocate", "justice", "profit" and "exposes". That's all I need to hear to understand Michele's position. Call me short-sided, but I just read a book by it's cover. And you know what, I don't have a problem with her. She is using her experiences, education, knowledge and, presumably her money (I don't know for sure), to advance her agenda. I see nothing wrong with that. But, don't demonize corporations for defending their industry. In the spirit of full disclosure, Michele and I are now dating on Twitter.

However, the efforts of groups like New Yorkers for Beverage Choice and the ABA need to go beyond the ban's current theater of operations and fight an urban, house to house assault. We are fighting a much larger scale effort, brought on by those interested in simply penalizing a specific group at the behest of another by using class warfare as part of the debate. I ask the Bloomberg supporters this; Rather than making sure I can't buy a 32oz ice cold soda at a movie, why not focus on making sure the morbidly obese person in front of me gets a little exercise once in a while? Wouldn't that do more to combat obesity? Or, is that too mean of me to ask?

The NYC Soda Ban Transforms, Predictably

I know Winter hasn't arrived yet in New York City, but grab your skis. No need to wax them either since where you're heading, the course is covered in soda and butter. That's where the NYC Health Police take all the stuff that's bad for us and bring it to dispose of. What's going on there brings to mind the movie The Untouchables, where Eliot Ness' team of Prohibition Agents, with their axes in hand, would smash barrels of illegal booze and let them run in the streets. Is this what's coming next?

Maybe. On these slopes, you need no lift passes, just a movie ticket. As was predicted here, the unelected NYC Board of Health, a group of members hand picked by Mayor Michael Bloomberg, took the first step Tuesday to enact the proposed large soda ban; a measure that will limit the amount of sugary drinks you can buy at restaurants, theaters, stadiums, cafes, hot dog carts and other venues, to 16 oz servings. The board officially opened the issue up to a public comment period, after which, they will vote on the measure. Any guess on which way they will vote? Read on.

Opponents of the ban say that their freedom of choice is being infringed upon. They say if someone wants to drink a 32 oz soda, they should be allowed to and it's not the government's role to approve it or not. Supporters of the ban say the effects of obesity on society far outweigh (those darn puns always pop up when I'm trying to be serious) the right of someone to choose what size drink they want.

But, here's where people really have an issue with the government taking liberties with their liberty; most people are smart enough to know that if you give in, just a little bit, the government will want more. And they won't stop there. They'll want to control more and more of your life's choices until they control every aspect of you daily lives. Those people who believe this are called paranoid by the other side. But it's happening, just as I predicted it would only a few weeks ago in my article about the Bloomberg soda ban.

Photo credit: shutterstock.com

The slippery slope is all greased up and Mayor Bloomberg is heading down it on his toboggan with his goggles on and his scarf flailing in the wind. Coke and Pepsi have been paying attention, but someone may want to channel Orville Redenbacher in a séance. During the board's discussion on Tuesday, several members voiced their support of the ban, asking why the board isn't considering going after other high-calorie food and drinks as well. One member wondered why there is an exemption for milk products noting that people "could still drink those large drinks", referring to milkshakes. And another said he didn't like the fact that restaurants could skirt the ban by offering free unlimited refills on soda. But, here's where the slope really gets greasy. Bruce Vladeck, one of the mayor's handpicked health board officials, said he's not satisfied with just a ban on sugary drinks. He wants the city to look into portion control for buttered popcorn sold at movie theaters stating "the popcorn isn't a whole lot better [than soda], from the nutritional point of view." When people wondered out loud "what's next", I'm thinking they were serious when they said hot dogs and ice cream cones. Could it be?


I guess the slippery slope paranoia was well justified. Not if you ask Mayor Bloomberg, though. I still think he believes in his heart he's doing the right thing for the citizens of New York City. When you have an ultra-elitist such as Bloomberg, with the means to carry out his vision, it's going to be a long and arduous course. And it wont be a slalom course. Nope, this course heads straight down. But, there are warning signs, so we can't say we were surprised by the 80' pine right in the middle.

This blog is the opinion of the author. None of the companies mentioned here have any affiliation with this blog, nor do they endorse its contents...but they should. Gregg W Shore is a 23 year beverage veteran who writes his blog @DrinkPro, A View of the Beverage Industry, from the Inside Out. Connect on LinkedIn and follow on Twitter @DrinkPro

Pot, Coke, Pros and Cons. Why New Yorkers Are Left Holding the Dime Bag (all puns intended)

As the writer @DrinkPro, I will talk about pretty much anything beverage related. No matter how minuscule, if it has ANYTHING to do with the beverage industry, I write about it. Which is why I'm writing about marijuana.

When I go to the polling place on election day, I have never voted for someone who said they would legalize pot. Why? Because none of the people I have ever voted for have supported or been against that issue. It doesn't mean I'd vote for them or not. It just means it has never been a campaign platform. So, why does it always seem to come up after an election?

I feel bad for the citizens of New York city that their mayor is spending his time on the clock talking about decriminalizing pot less than 25 grams and criminalizing Coke over 16 oz. I don't think either one of these issues was his platform when he ran for mayor. As for NY Governor Cuomo, in his 41 page One Year Progress Report, he didn't mention pot legalization as a campaign promise kept.

With far more serious issues confronting citizens across the country, why do our elected leaders continually make news worrying about nonsense? I wish politicians had to fill out an Official Agenda form when running for office, and, if elected, they were not allowed to discuss or legislate on official taxpayer time any topics not on the Official Agenda, with the exception of emergency issues, of course. That way, we could keep them on track with what it is they said they would tackle. They would have a list of the top 50 or 100 issues and voters would decide who's list is more worthy of their vote. If elected, and they finish off their list, then give them carte blanche to address any issue they want until the next election, when they formally submit their new Official Agenda.

We have high unemployment and home foreclosure rates across the country. Even while the national unemployment average fell almost 1%, New York state's unemployment went up a half a point. That's a 1.5 point negative swing for New Yorkers.

Nothing good can ever come from this. I know Cuomo and Bloomberg are sure to get a lot of support from pot smokers. And why shouldn't they? If I smoked pot, I'd be happy too. I just wonder how many of those applauding Bloomberg and Cuomo's efforts are out of work and on the brink of losing or have already lost their home. I really worry about our children's future when the grown-ups are consumed with what we consume. All puns intended.

@DrinkPro

We're Too Stupid, NYC Knows Best

As is the case with most over-regulation, the proposed Soft Drink Size Ban in NYC is far-reaching and not logically thought through. The list of unintended consequences grows as more and more businesses find out how badly they will be affected by the ban.

For consumers, the ban ultimately means the city of New York has the final say on how much soda you can purchase in a single container throughout the city at places such as hot dog carts, theaters, restaurants and stadiums. The law says no more than 16 oz is to be sold per container. So, if you want a 20 oz PET from the Nathan's Hot Dog guy, you have to cross the river to get it. The ban won't affect diet sodas, fruit juices, dairy or alcohol based drinks. Also, it wont affect c-store purchases, for now. But, that could change as the city gets more and more involved in raising us like the irresponsible children we are. Thank God for NYC.

NYC Mayor Bloomberg (photo foxnews.com)

NYC Mayor Michael Bloomberg is quoted as saying he "thinks it's what the public wants the mayor to do." Really, Mr. Mayor? You actually think people are that stupid? Oh, what's that, they are? "Sodas are really unhealthy and I don't see any reason you need to drink 20 ounces of soda." O.k. everyone, that wasn't the mayor, that was John Q Public agreeing with Bloomberg in an interview on Fox NYC. But, for every person in NYC that agrees with these two morons, I can find a thousand more who don't.

This proposed ban is so ridiculous, I would laugh if it didn't have such a great chance at going into effect. Bloomberg's own appointees at the NYC Department of Health are the one's who will vote to move the measure to reality. 

New York is a typical city where pompous zealots in power think they know what's better for you than you do. And they're going to make the decision for you by passing a law. There was once a time when the city installed cross walks to help you get across the street. But then the bureaucrats decided to give the police the power to fine you for not using them. It never ends. Restaurants can't use salt or trans-fat and they have to list the calories on the menu. You can't smoke inside a public building, or outside in a city park. You can't carry a hand gun in the city for self-defense and you get charged an extra fee (tax) on bottles and cans just in case they don't get recycled. With the proposed size ban on soft drinks, say you want to go to the Knicks game and you want to buy the 32 oz souvenir cup for $9.95. They could sell it to you, but would only be allowed to fill it with 16 oz of soda or face a $200 fine. Wasn't there a moron quoted as saying he doesn't see any reason you need 20 oz of soda. Well, here's a reason, you freaking idiot!

Why infringe on my right to drink what I want? It's not soda's fault people are obese. That reminds me of a cliche; If guns kill people, then pencils misspell words, cars drive drunk, and spoons make people fat. Of course, in NYC, that may very well be the case. But, if you really want that 20 oz Mountain Dew, Vito Marsala knows a guy who knows a guy who has a cousin who knows a guy in NJ that sells them out of his trunk for $5. But, fuggedaboutit! You didn't hear from me.