The soda makers and sellers say the city is being a nanny-like nag to consumers and imposing an unfair, uneven burden on businesses. Manufacturers will have to get new bottles, and eateries will lose sales to competitors that aren't covered by the rule, they say. A customer who couldn't buy a 20-ounce soda at a pizzeria would be able to get a Big Gulp at a 7-Eleven, for instance, as convenience stores are under different regulations.
"(The rule) unfairly harms small businesses at a time when we can ill afford it," the suit says.
It also says the Bloomberg-appointed health board shouldn't dictate the size of soft drinks. Ten City Council members signed onto a July measure calling on the health board not to approve the rule; a New York Times poll in August showed that six in 10 New Yorkers opposed it.
The city says the board, made up of physicians and other health experts, is exactly the panel to make such decisions. It has held sway over matters ranging from milk inspection in the 1870s to banning lead paint in 1960, the city notes.
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