Judge urged to delay NYC ban on large soft drinks

It's up to a judge whether a first-of-its-kind size limit on sodas and other sugary drinks will take effect in three weeks.

Beverage-makers and sellers, seeking to hold off enforcement while a lawsuit plays out, faced off in court Wednesday with city officials. State Supreme Court Justice Milton Tingling in Manhattan didn't rule or say when he would. With the regulation set to go into effect March 12, the beverage industry and restaurants say businesses could end up squandering money complying with the regulation if a court ultimately throws it out.

"What's the rush?" asked Steven Molo, a lawyer for groups representing Korean-American deli owners and Hispanic-owned eateries.

The city says there's no time to waste in launching what officials and health experts call a novel effort to cut obesity. The restriction "will have significant public health effects, and the sooner that happens, the better," city lawyer Mark W. Muschenheim told the judge.

The Board of Health agreed in September to ban restaurants, delis, movie theaters and many other eateries from selling high-sugar drinks in containers bigger than 16 ounces. Fines would be issued beginning in June.

Opponents say it's insulting to suggest consumers don't know what they're doing, and that it's unfair to impose a restriction that applies only to some beverages and some establishments. Because of factors including jurisdiction limits, the rule doesn't cover alcoholic drinks, milkshakes, coffee drinks or unsweetened juices. Nor does it apply to sugary drinks sold at supermarkets or convenience stores.

The business groups say the rule will cost beverage-makers about $600,000 in labeling and other expenses, cut into soda sales that represent about 20 percent of movie theater profits.