New York To Ban Sugary Drinks Over 16 Oz - Update - Stopped by courts 3/11

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fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
Its a simple idea. The government cannot violate people's freedom without a valid reason.

The claimed valid reason is that they need to fit obesity by restricting unhealthy drinks.

But then they exempt some common unhealthy drinks which contradicts their reasoning for banning unhealthy drinks.

In essence by exempting diet sodas they are showing this is nothing more than a government power grab.

So you really are trying to argue that in order to regulate one, they must regulate all.

Even outside of what an utterly impossible thing that would be to implement, again I mist ask on what legal basis you are saying this?
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
Transvaginal ultrasounds don't prevent anyone from getting an abortion :sneaky:

How are you this irrational? One of these regulations explicitly involves a medical procedure forced on someone in order to get a legal procedure done. The other makes no attempt to control what you put in your body, but regulates your cup size.

Equating those two is really dumb.
 

ShawnD1

Lifer
May 24, 2003
15,987
2
81
You could make the same argument for regular soda. Perhaps people who drink large amounts of soda just have a crappy diet in general?

In fact 1% milk has approximately the same amount of calories as Pepsi.
You have a point. I remember saying that real apple juice is just as sweet and sugary as coke, so telling people to drink juice instead of coke was retarded. The limit on soda should also limit apple juice. Then again, nobody orders 30oz of apple juice. You're right that you can't protect stupid people. If someone wants to kill themselves by drinking a gallon of coke or a gallon of milk, they'll find a way to do it.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
How are you this irrational? One of these regulations explicitly involves a medical procedure forced on someone in order to get a legal procedure done. The other makes no attempt to control what you put in your body, but regulates your cup size.

And why are they regulating your cup size?

Its pretty clear it is to deter you from putting 44oz of a legal substance in your body.

It is in essence the same idea. Republicans cannot ban abortions outright so the make it more of a hassle to get one. NY cannot ban drinking 44oz of Mountain Dew, so they make it more of a hassle to do so.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
So you really are trying to argue that in order to regulate one, they must regulate all.

Even outside of what an utterly impossible thing that would be to implement, again I mist ask on what legal basis you are saying this?

That is why I said "reasonable effort". Obviously it would be impossible to ban every possible unhealthy thing, but if a reasonable effort is not being made then it is basically a refutation of what NY is trying to do.

The legal basis is that the government must show a reason for violating people's freedom. If that basis is banning unhealthy drinks then it makes sense to expect a reasonable effort at banning all unhealthy drinks as opposed to just arbitrarily banning some unhealthy ones.

Would it be legal to ban Pepsi, but not Coke. And if not why is it legal to ban Pepsi, but not Diet Pepsi?
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
That is why I said "reasonable effort". Obviously it would be impossible to ban every possible unhealthy thing, but if a reasonable effort is not being made then it is basically a refutation of what NY is trying to do.

The legal basis is that the government must show a reason for violating people's freedom. If that basis is banning unhealthy drinks then it makes sense to expect a reasonable effort at banning all unhealthy drinks as opposed to just arbitrarily banning some unhealthy ones.

Would it be legal to ban Pepsi, but not Coke. And if not why is it legal to ban Pepsi, but not Diet Pepsi?

Because one is a brand, not a class of drink.

You have basically invented a new legal standard of review so I'm trying to figure out where you are getting it from. There is no necessity for them to reasonably attempt to ban all unhealthy drinks. Period.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
And why are they regulating your cup size?

Its pretty clear it is to deter you from putting 44oz of a legal substance in your body.

It is in essence the same idea. Republicans cannot ban abortions outright so the make it more of a hassle to get one. NY cannot ban drinking 44oz of Mountain Dew, so they make it more of a hassle to do so.

No they are not even remotely the same. One is an invasive medical procedure and one is a drinking cup.

This conversation is over, you have looked dumb enough already.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
Because one is a brand, not a class of drink.

You have basically invented a new legal standard of review so I'm trying to figure out where you are getting it from. There is no necessity for them to reasonably attempt to ban all unhealthy drinks. Period.

The government cannot just decide to ban soft drinks, because they don't like them. They must show a legitimate reason. I assume you agree on that.

Now, how do you determine whether they are banning soft drinks because of a legitimate reason, or just because they feel like it?

The answer would be to see if they are actually reasonably trying to ban unhealthy drinks, and not just soft drinks. As they are exempting diet soft drinks it appears they are not actually trying to ban unhealthy drinks and are just searching for an excuse to do what they want.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
No they are not even remotely the same. One is an invasive medical procedure and one is a drinking cup.

This conversation is over, you have looked dumb enough already.

My cup my choice.

But I get it abortion is "special" and we must never question its legitimacy in anyway.

What I find funny is you think the government can get involved in your beverage choices, but not involved in having children. Which one really has more of an impact on society?
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
The government cannot just decide to ban soft drinks, because they don't like them. They must show a legitimate reason. I assume you agree on that.

Now, how do you determine whether they are banning soft drinks because of a legitimate reason, or just because they feel like it?

The answer would be to see if they are actually reasonably trying to ban unhealthy drinks, and not just soft drinks. As they are exempting diet soft drinks it appears they are not actually trying to ban unhealthy drinks and are just searching for an excuse to do what they want.

No, they must show a rational basis for banning them, which they have.

Where is the legitimate reason standard of review located?
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
Banning is stupid. USA should just make healthcare public, legalize drugs and tax everything that's detrimental to health, with the taxes directly pumped into healthcare. Bam! Best healthcare in the world, and can even reduce most of the normal taxes!

Pretty much this. Look a non American that fucking gets it! Bravo and congrats.

Banning is fucking retarded and sets up bad precedent. Not to mention as I've said before, what might be unhealthy for one group of people isn't unhealthy for another. I mean there are cases of people having allergic reactions to Motrin so severe that they go blind and lose all their skin. We don't put bans in for Motrin because of that. One might argue then it's because it's a larger percentage of the population that is effected. But then how and where do you draw that percentage line? It's to fucking arbitrary.

I have no problem if New York wanted to pass a healthcare tax on sugary products. Anything with X amount of sugar per serving size gets the tax. X may be arbitrary, but now it's something applied equally among all products and vendors. Bam done. Taxes get used to promote educational programs for better living styles as well as increased healthcare costs for idiots that consumed too much of what they weren't suppose to.

MUCH better win win situation than randomly banning shit. Oh and don't put this crap on a federal scale either. That type of government regulation needs to be small and targeted to specific groups and areas with specific problems.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
No, they must show a rational basis for banning them, which they have.

Where is the legitimate reason standard of review located?

Legitimate reason and rational basis are the same idea.

Their supposed "rational basis" is shown to be a lie by not banning beverages which are shown to be more correlated with obesity.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
Legitimate reason and rational basis are the same idea.

Their supposed "rational basis" is shown to be a lie by not banning beverages which are shown to be more correlated with obesity.

First, correlation is not causation. There is a direct causal link between calories and weight, there is not between diet soda and weight that we have determined thus far. Reading your own links would have shown you that.

Secondly, not banning similar products does not in fact make a current ban irrational. If you would like to argue that the soda ban violates rational basis review please provide a legal opinion supporting this or a case that is similar.
 

irishScott

Lifer
Oct 10, 2006
21,568
3
0
Pretty much this. Look a non American that fucking gets it! Bravo and congrats.

Banning is fucking retarded and sets up bad precedent. Not to mention as I've said before, what might be unhealthy for one group of people isn't unhealthy for another. I mean there are cases of people having allergic reactions to Motrin so severe that they go blind and lose all their skin. We don't put bans in for Motrin because of that. One might argue then it's because it's a larger percentage of the population that is effected. But then how and where do you draw that percentage line? It's to fucking arbitrary.

I have no problem if New York wanted to pass a healthcare tax on sugary products. Anything with X amount of sugar per serving size gets the tax. X may be arbitrary, but now it's something applied equally among all products and vendors. Bam done. Taxes get used to promote educational programs for better living styles as well as increased healthcare costs for idiots that consumed too much of what they weren't suppose to.

MUCH better win win situation than randomly banning shit. Oh and don't put this crap on a federal scale either. That type of government regulation needs to be small and targeted to specific groups and areas with specific problems.

Politicians nowadays are first and foremost concerend about keeping their jobs. They'll never solve problems unless they're forced to.

An appearance of a win is more important nowadays than an actual win, and the American people have only themselves to blame for allowing such bullshit.
 

cubby1223

Lifer
May 24, 2004
13,518
42
86
Politicians nowadays are first and foremost concerend about keeping their jobs. They'll never solve problems unless they're forced to.

Bingo.

So long as the politician's opponent is not concerned about solving the tough problems either, nothing ever has to be accomplished.
 

nehalem256

Lifer
Apr 13, 2012
15,669
8
0
First, correlation is not causation. There is a direct causal link between calories and weight, there is not between diet soda and weight that we have determined thus far. Reading your own links would have shown you that.

So we should ban everything with calories then? :sneaky:

Secondly, not banning similar products does not in fact make a current ban irrational. If you would like to argue that the soda ban violates rational basis review please provide a legal opinion supporting this or a case that is similar.

Yes it does. If they banned Mountain Dew and not Pepsi that would be irrational, although you could argue that banning Mountain Dew had a rational basis. In fact Mountain Dew has slightly more calories than Pepsi.

Drinking diet soda has been shown to be more heavily correlated with weight gain than regular soda.

But I like how heavily you defend NY's right to violate the privacy of soda drinkers. The size of a man's cup should be a private decision between him and his soda vendor
 
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fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
This has gotten far too stupid and exhausting for me. You're arguing just to avoid being wrong ay this point.
 

monovillage

Diamond Member
Jul 3, 2008
8,444
1
0
Why don't they ban 22 ounce beers? Beer has a lot of carbs.

Trust me, the authoritarian big government assholes that think they should tell you how to live, what to eat and drink, what you have to wear and what you can say will get around to that next. They think the only reason that Prohibition didn't work is because we didn't have intelligent, awesome people like they are to implement it.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
Trust me, the authoritarian big government assholes that think they should tell you how to live, what to eat and drink, what you have to wear and what you can say will get around to that next. They think the only reason that Prohibition didn't work is because we didn't have intelligent, awesome people like they are to implement it.

Do you have a time frame for each of these new government intrusions? I just want to know when I can pick up my GI burlap sack.
 

irishScott

Lifer
Oct 10, 2006
21,568
3
0
Do you have a time frame for each of these new government intrusions? I just want to know when I can pick up my GI burlap sack.

Using the UK as a model, and the relative political position of the US, I'd say a century or so if left unchecked. Fortunately it is checked for the moment.

It wouldn't be malicious, just human nature and its response to priviledge. One generation enjoys a given set of priviledges and raises the next generation from that baseline. The next generation pursues further priviledges, and raises the next generation from that baseline. Rinse and repeat. Because after all, why shouldn't we make things better for ourselves by helping each other?

The net result is a society that grows dependent on priviledges, focused on equality of outcome as opposed to equality of opportunity. This can be see even in present society, simply by the significant statistic of unemployed people who are drawing unemployment insurance yet are not looking for a job.

Liberals, in the modern sense, want to help everyone. What they typically fail to account for is how lots of people will abuse that help and at that point don't deserve it. In fact, much liberal legislation indulges abuse.


*Insert obligatory anti-conservative statement to provide impartiality*
 

cybrsage

Lifer
Nov 17, 2011
13,021
0
0
No, they must show a rational basis for banning them, which they have.

Where is the legitimate reason standard of review located?

What is their rational basis for banning the large drinks at only some locations, but allowing them at other locations? That is why the law was overturned, after all.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,425
8,388
126
Are you arguing this ban wouldn't pass rational basis review? On what grounds? In order to do that you would have to show that it is irrational for the city to think that the ban will decrease soda consumption or that it is irrational to think that soda consumption contributes to obesity.

Which one is it?

you're getting the burden of proof backwards.


You just said the same thing I did. Exercise of powers where other constitutional rights are not in play are subject to rational basis review, which basically means "are you insane or not". I thought that non insanity was assumed.

again, you were backwards. you started with 'yes, unless' when the real answer is 'no, except.' that's not a minor distinction.
 
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