The NYC sugary drink ban will become law effective March 12, 2013. Therefore, whether you support the new law or not, here are some highlights you should know about.
The new law for New York City, limits high sugar drinks from a fountain or prepackaged container to 16 ounces. This includes, among others, non-diet sodas, energy drinks and fruit or sweetened drinks that are less than 50% milk or milk substitute and have more than 25 calories per 8 ounces.
The law applies to establishments such as sit down restaurants, fast food restaurants, delis, movie theaters and stadiums. The law does not apply to alcoholic drinks, low calorie drinks such as diet sodas, unsweetened coffee and tea or fruit juice without added sugar that is less than 25 calories per 8 ounces. Supermarkets and convenience stores are excluded from the law.
Violators of the new law are subject to a $200 fine per incident. Notwithstanding, there will be a grace period of three months before the law is enforced. The law provides for a one ounce margin of error.
As detailed in our October 2, 2012 initial blog on this subject, while the new law has the admirable goal of reducing obesity, it appears too easy to circumvent and therefore unlikely to ever achieve its goal. The validity of the law is currently being litigated, leaving the future of this new law uncertain.
Long Island Lawyer
Paul A. Lauto, Esq.