Boston Mayor Thomas Menino (D) has issued an order that will require all
city departments to take steps to stop “the sale, advertising, and promotion
of sugary beverages on City-owned property.” The mayor is apparently
concerned about setting an example in a community with high obesity rates
that he attributes in part to the consumption of sweetened beverages. Under
the executive order, only certain types of beverages will be sold in city cafeterias
and vending machines and at city concession stands, or served during
meetings, city-run programs and events catered with city funds.

After a six-month grace period, city buildings and departments must phase
out the sale of “red” beverages, that is, “those loaded with sugar, such as
non-diet sodas, pre-sweetened ice teas, refrigerated coffee drinks, energy
drinks, juice drinks with added sugar and sports drinks.” The promotion of
such beverages will be prohibited. “Green” beverages can continue to be
sold; they consist of bottled water, flavored and unflavored seltzer water,
low-fat and skim milk, and unsweetened soy milk. No more than one-third
of city beverage offerings will include “yellow” beverages, or “diet sodas, diet
iced teas, 100 percent juices, low-calorie sports drinks, low-sugar sweetened
beverages, sweetened soymilk and flavored, sweetened milk.”

“This is the right step to be taking,” said Walter Willett, chair of the Harvard
School of Public Health’s Department of Nutrition, who joined the mayor
at the press conference announcing the ban. “We’re not punishing those
individuals [who consume sugary beverages]. They’re going to be punished
enough directly from the health consequences down the road.” See MSNBC.
com, April 7, 2011.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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