The NAACP’s New York state branch and the Hispanic Federation have joined
those arguing in court that New York City’s restrictions on the size of sugary
beverages sold by certain vendors, such as corner stores and delis, should
not take effect on March 12, 2013. During the January 23 hearing, opponents,
including several City Council members, apparently argued that the rule
should have been adopted by the elected City Council rather than the mayor’s
appointed health board and that it was too narrow, exempting certain other
types of beverages and excluding convenience stores and supermarkets, to
be fair.

The American Beverage Association and groups including movie theater
owners and Korean grocers were expected to oppose the rule, but the issue is
reportedly complex for minority advocates in light of high obesity rates in the
African-American and Hispanic communities. Still, these groups claimed in
an amicus brief that the rule will unduly harm minority business owners and
infringe “freedom of choice in low-income communities.” Arguing that the city
should focus on enhancing physical education in the schools, the NAACP brief
states, “This sweeping regulation will no doubt burden and disproportionately
impact minority-owned businesses at a time when these businesses can least
afford it.” See Associated Press, January 23, 2013.

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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