Groups sue to block NYC soda restriction

Soda makers, restaurateurs and other businesses sued yesterday to try to block the city's unprecedented move to restrict sales of supersized sugary drinks, an effort the city called a coup for public health but the businesses view as wrong-minded meddling.

"For the first time, they're telling New Yorkers how much of certain safe and lawful beverages they can drink . . . It's unfair, it's inequitable and it's illegal," said Caroline Starke, a spokeswoman for the plaintiffs.

They include the American Beverage Association, the National Restaurant Association, a soft-drink workers union and groups representing interests ranging from movie theater owners to Korean-American grocers.

A spokesman for Mayor Michael Bloomberg, the regulation's chief champion, called the lawsuit a groundless effort to stop a groundbreaking policy.

"This predictable, yet baseless, lawsuit fortunately will help put an even greater spotlight on the obesity epidemic," said the spokesman, Marc LaVorgna. He noted that the city also won fights over outlawing smoking in bars and offices, and forcing fast-food restaurants to list calorie counts on their menus.

The rule would stop restaurants, cafeterias and concession stands from selling soda and other high-calorie drinks in containers larger than 16 ounces. It's set to take effect in March.

Bloomberg has called it a reasonable way to fight an obesity problem that takes a toll on many New Yorkers' health and city hospitals' budgets.

"Nobody is banning anything," the mayor said when the plan passed, noting that someone who wanted a second soda could get one.

The soda makers and sellers say the city is being a nanny-like nag to consumers and imposing an unfair, uneven burden on businesses.