America is known to have a problem with obesity. As such, there have been efforts made to promote healthy living, one of which was a regulation on the size of certain sugary drinks that could be sold in New York. This was controversial not only because of the question of if the Board of Health was overstepping its boundaries, but also because it only limited certain businesses and beverages. Although the ban was an admirable step at attacking obesity, I believe it was a step that went over the jurisdiction of the city’s authority.

Obesity may be a public health threat, but it is one that cannot be dealt with through direct limits on the public’s behavior. As Judge Pigott of the New York State Court of Appeals wrote, the Board of Health had “exceeded the scope of its regulatory authority” through the regulation. The Board of Health is responsible for protecting, improving, and promoting the health, productivity, and well being of all New Yorkers, but this only goes insofar before infringing upon personal freedoms. Judge Pigott wrote that the proposal’s reach into the everyday lives of the public was to the extent that it should be addressed by the City Council instead. Adding on to this debate, similar businesses were treated in an unequal manner, which hints at discrimination between them. While fast-food franchises, delis, and movie theaters were affected, convenience stores and supermarkets were not. The American Beverage Association stated that it “would have created an uneven playing field…and limited New Yorkers’ freedom of choice.” Thus while the intentions were good, the regulation was not the solution.