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I was asked by Time Magazine to write a comment on the soda industry’s recent promises.  It was posted yesterday.

The Soda Industry’s Promises Mean Nothing

Agreeing to decrease soda consumption by 20 percent is easy to do when demand is already falling rapidly

–Marion Nestle, September 30, 2014

The recent pledge by Coca-Cola, PepsiCo, and the Dr Pepper Snapple Group to reduce calories that Americans consumd from their products by 20 percent by 2025 elicited torrents of praise from the Global Clinton Initiative, the Robert Wood Johnson Foundation, and the national press.The real news: soda companies are at last admitting their role in obesity.Nevertheless, the announcement caused many of us in the public health advocacy community to roll our eyes. Once again, soda companies are making promises that are likely to be fulfilled anyway, whether the companies take any action or not.

Americans have gotten the word. Sodas in anything but small amounts are not good for health.

Although Coca-Cola and the American Beverage Association have funded studies that invariably find sodas innocent of health effects, the vast preponderance of research sponsored by the government or foundations clearly demonstrates otherwise.

Think of sodas as candy in liquid form. They contain astonishing amounts of sugars. A 12-ounce soda contains 10 (!) teaspoons of sugar and provides about 150 calories.

It should surprise no one that adults and children who habitually consume sugary drinks are far more likely to take in fewer nutrients, to weigh more, and to exhibit metabolic abnormalities compared to those who abstain or drink only small amounts.

And, contrary to expectation, diet sodas don’t seem to help. A widely publicized recent study suggests that artificially sweetened drinks affect intestinal bacteria in ways, as yet undetermined, that lead to metabolic abnormalities–glucose intolerance and insulin resistance. This research is largely animal-based, preliminary, and requires confirmation. But one thing about diet drinks is clear: they do not do much good in preventing obesity.

People who drink diet sodas tend to be more obese than those who do not. The use of artificial sweeteners in the United States has gone up precisely in parallel with the rise in prevalence of obesity. Is this a cause or an effect? We don’t know yet.

While scientists are trying to sort all this out, large segments of the public have gotten the message: stay away from sodas of any kind.

Since the late 1990s, U.S. per capita consumption of soft drinks has dropped by about 20 percent. If current trends continue, the soda industry should have no trouble meeting its promise of another 20 percent reduction by 2025.

Americans want healthier drinks and are switching to bottled water, sports drinks, and vitamin-fortified drinks—although not nearly at replacement levels. The soda industry has to find ways to sell more products. It also has to find ways to head off regulation. Hence: the promises.

To deal with sales shortfalls, the leading soft-drink brands, Coca-Cola and Pepsi, have expanded their marketing overseas. They have committed to invest billions to make and promote their products in Latin America as well as in the hugely populated countries of Asia and Africa where soda consumption is still very low.

From a public health standpoint, people everywhere would be healthier—perhaps a lot healthier—drinking less soda.

In California, the cities of San Francisco and Berkeley have placed soda tax initiatives on the November ballot. The American Beverage Association, the trade association for Coke, Pepsi, and the like, is funding anti-tax campaigns that involve not only television advertising and home mailings, but also creation of ostensibly grassroots (“astroturf”) community organizations, petition campaigns, and, when all else fails, lawsuits to make sure the initiative fails. These efforts are carbon copies of the tactics used to defeat New York City Mayor Michael Bloomberg’s portion size cap proposal.

If the soda industry really wants to help prevent obesity, it needs to change its current practices. It should stop fighting tax and size initiatives, stop opposing warning labels on sugary drinks, stop lobbying against restrictions on sodas in schools, stop using sports and music celebrities to sell products to children, stop targeting marketing to African-American and Hispanic young people, and stop funding research studies designed to give sodas a clean bill of health.

And it should stop complaining, as PepsiCo’s CEO Indra Nooyi didlast week, that nobody is giving the industry credit for all the good it is doing.

If the government really were serious about obesity prevention, it could ban vending machines from schools, set limits on the size of soft drinks sold at school events, define the amount of sugars allowable in foods and beverages, and, most of all, stop soda marketing aimed at children of any age.

Because neither the soda industry nor the government is likely to do any of this, public health advocates still have plenty of work to do.

Marion Nestle is professor of nutrition, food studies, and public health at New York University. She is currently working on a book titled Soda! From Food Advocacy to Public Health.

The Alliance for a Healthier Generation (founded by the American Heart Association and the Clinton Foundation) and the American Beverage Association (funded mainly by Coca-Cola and PepsiCo) jointly announced this week that the major soft drink companies were pledging to reduce beverage calories consumed per person nationally by 20% by 2025.

The Alliance, Coca-Cola, Dr Pepper Snapple, PepsiCo, and the American Beverage Association placed a full-page ad in yesterday’s New York Times:

The Alliance says:

This is a tremendous undertaking by the industry, one that should be applauded, and also one that will not come easily. The industry will leverage every ounce of their national and local influence, product innovation and marketing muscle to reach this ambitious and necessary goal. And when this goal is reached, we believe it will not only signal a shift in access to reduced-calorie options, but also a positive shift in consumer interest in these no-and lower-calorie options.

The New York Times quotes former president Bill Clinton (it also quotes me*):

This is huge…I’ve heard it could mean a couple of pounds of weight lost each year in some cases…in low-income communities, sugary sodas may account for a half or more of the calories a child consumes each day.

In a statement, Risa Lavizzo-Mourey, president and CEO of the Robert Wood Johnson Foundation, said:

We congratulate the Alliance for a Healthier Generation and the beverage industry for continued action towards reducing the beverage calories consumed by people across the United States. We are especially pleased that this commitment will target communities with disproportionately high consumption rates of sugar-sweetened beverages. We look forward to working with the Alliance and beverage industry to measure and monitor the impact of this commitment on the health of our country.

Despite the congratulations, I can’t take this as anything more than public relations.

Soda sales are going to decline by that much anyway.

Although the Alliance says the companies will do this through national initiatives to educate consumers about smaller portions, lower-calorie beverages, and water, and to focus these efforts in lower income communities, they really don’t have to do a thing.

All they have to do is wait for these trends to continue.  The Times quotes me on this point:

While they’re making this pledge, they are totally dug in, fighting soda tax initiatives in places like Berkeley and San Francisco that have exactly the same goal,” said Professor Nestle, who has just finished a book about the industry.

Here’s what I mean:

The American Beverage Association and soda companies are putting millions into fighting soda tax initiatives in San Francisco and Berkeley.

As the Center for Science in the Public Interest says, if the soda industry really were serious about helping Americans drink less of sugary products, it

could accelerate progress by dropping its opposition to taxes and warning labels on sugar drinks. Those taxes could further reduce calories in America’s beverage mix even more quickly, and would raise needed revenue for the prevention and treatment of soda-related diseases.

And, CSPI says, the soda industry should stop opposing and, instead, should support Representative Rosa DeLauro’s Sugar-Sweetened Beverage Tax Act of 2014 (the SWEET Act), which aims to tax caloric sweeteners.  This would raise $10 billion a year to help prevent and treat diseases caused by excess soda consumption.

But the CEO of Pepsi says the soda industry isn’t getting enough appreciation for its efforts to counter obesity.

Politico ProAg‘s Helena Bottemiller Evich reports that at a meeting sponsored by the Robert Wood Johnson Foundation (RWJF) to applaud the soda industry’s announcement, Indra Nooyi, PepsiCo’s CEO,

expressed frustration with the endless criticism from activists who blame much of the obesity epidemic on the food industry despite what she sees as significant progress from the biggest brands in America…“Why not give industry a compliment and then talk about the next step?…We have now stemmed the growth in calorie consumption, which is huge…I look at those trends and think industry has done pretty well, as a whole.

Why the RWJF, a major funder of initiatives to counter obesity, seems so cozy with Pepsi is curious.

The coziness is especially curious because of Mrs. Nooyi’s “We.”  If the industry is “doing well,” it’s because health advocates, some of them funded by RWJF, have forced soda companies to change their practices.

The one significant accomplishment: an admission that sodas contribute to obesity

As the Wall Street Journal puts it,

The move is an implicit acknowledgment by the soda industry that longtime staples like Coke, Pepsi-Cola and Dr Pepper have played a role in rising obesity rates.

Now that really is a sign of progress.

The New York Times Room for Debate blog asked me to comment on What other unhealthy products should CVS stop selling?

Here’s my response: Next, Cut the Soda and Junk Food.

Good for CVS! Cigarettes are in a class by themselves. The evidence that links cigarette smoking to lung cancer and other serious health problems is overwhelming, unambiguous and incontrovertible. So is the evidence that the mere presence of cigarettes is sufficient to create demand, especially among young people.

Looking back at year of progress for food system

After 5 1/2 years and 70 columns written exclusively for The Chronicle, this is my last. As I move on, I do so with much hope for a healthier and more equitable food system.

My optimism comes from taking the long view of progress in agriculture, food, nutrition and public health. When I look back on what’s happened since, say, 1980, I see enormous improvement in the foods available in supermarkets and in schools, the availability of organic and locally grown food, and public interest in everything about food, from taste to politics.

At this time of year, it’s customary to highlight the 10 most notable achievements of the past 12 months. But let me point out one conspicuous absence from this list – the creation of a stronger and more compassionate safety net for the poor and unemployed. Working toward this goal needs to be high on the food advocacy agenda for 2014.

With that gap in mind, here’s where I’ve seen noteworthy progress:

School nutrition standards: The new rules are the result of the most significant achievement of Michelle Obama‘s Let’s Move! campaign – the Healthy, Hunger-Free Act of 2010. This act required schools to provide not only healthier meals, but also snacks. Early reports find most schools to be doing a good job of putting the new rules into effect. Yes, the rules do not go nearly far enough (they are too generous in sugar, for example), but they are a step in the right direction and lay the groundwork for even better standards.

Food safety rules: The Food and Drug Administration finally started issuing regulations for the Food Safety Modernization Act of 2010. Once final, these rules will go a long way toward requiring food producers to take measures to ensure safety, and giving the FDA the authority to make sure they do. Yes, its details still need tweaking, but FSMA is a milestone on the road to a safer food supply. The next steps will be to bring the U.S. Department of Agriculture’s authority in line with the FDA’s, and to develop a single food safety agency that combines the functions of both.

FDA’s guidance on antibiotic resistance: The FDA has called on drug companies to voluntarily agree to stop using medically important antibiotics to promote growth in farm animals and to require a veterinarian’s prescription when using these drugs to treat, prevent or control animal disease. Yes, this is voluntary and drug companies have three years to comply. But the FDA has taken the first step toward banning antibiotics for anything but therapeutic purposes, an impressive achievement given current political realities.

Let’s Move!’s food marketing initiative: Marketing is the elephant in the room of childhood obesity. It overwhelmingly influences kids to prefer, demand and consume junk foods and sodas. Mrs. Obama’s Let’s Move! campaign has no authority to regulate marketing to kids. By keeping a focus on this issue, she gives advocates plenty of room to hold food companies publicly accountable for their marketing practices.

Soda and junk food taxes in Mexico: Despite intense and well-organized opposition by its soda, sugar and small-business industries, the Mexican government passed a 1-peso-per-liter tax on soft drinks and an 8 percent tax on junk foods.

These measures were meant to counter the country’s 70 percent of overweight people and, no coincidence, record-breaking soda consumption. The initiative succeeded as a result of strong advocacy support and also because the revenues were committed to social purposes, among them providing clean drinking water in schools. Other countries are likely to be inspired to enact similar measures.

GMO labeling initiatives: Connecticut passed a GMO labeling law in 2013, but election initiatives in California and Washington failed. Even though the food and biotechnology industries poured tens of millions of dollars into defeating labeling measures, the margins of defeat were small. My crystal ball says that some such measures will eventually pass. The food biotechnology industry must think so too; some of its groups are calling for voluntary GMO labeling.

Fast-food workers’ wage demands: People who work full time should be able to support their families and not have to be on public assistance. If you work 40 hours at the federal minimum wage of $7.25 per hour, you will earn less than $300, and that’s before taxes.

USDA‘s agricultural coexistence initiatives: By agricultural coexistence, the USDA means peaceful relations between quite different farming systems – industrial and GMO versus organic and sustainable. Peaceful coexistence would be a lot easier if GMO pollen didn’t drift onto organic crops, if Congress supported sustainable agriculture in proportion to its size, and if the ag-biotech industry didn’t dismiss cooperation out of hand.

The New York City mayoral candidates forum and coalition building: About 85 food and nutrition advocacy groups put their differences aside to jointly question mayoral candidates on their views about food problems facing city residents. Seven candidates showed up to answer questions, a clear sign that coalitions are strong enough to demand attention.

A personal perspective: The past year brought many new food studies programs into universities. When we created food studies programs at New York University in 1996, only one other such program existed. Today, universities throughout the country are training young people to advocate for food systems healthier for the planet and for people, rich and poor.

University of California Press released the 10th anniversary edition of “Food Politics,” and Rodale Books issued “Eat, Drink, Vote: An Illustrated Guide to Food Politics.”

The message of both books – the first in text and the second in cartoons – is the same: Vote with your fork for a more delicious and sustainable food system. Even better, vote with your vote! Engage in food politics to make our food system more conducive to health and social justice.

The food movement is making much progress, but much more remains to be done. I’ve had a great run at The Chronicle, for which I deeply thank readers and editors. I will continue to write about food matters on my blog, at www.foodpolitics.com. Please join me there.

Marion Nestle is also the author of “Why Calories Count: From Science to Politics” and “What to Eat.” She is a professor in the nutrition, food studies and public health department at New York University, and blogs at www.foodpolitics.com. E-mail:food@sfchronicle.com

The President of Mexico has proposed a tax on soft drinks.  The soft-drink industry is not pleased.

As with Richmond, California’s tax initiative and New York City’s soda cap, the industry is pulling out all stops to oppose the tax.

It’s even gotten the Beverage Association’s attack dog, the Center for Consumer Freedom, into the action.

Photo: Mireia Vilar

Translation:

• Should obesity be fought with taxes?
• Yes or no? 
• To tax the fatties (Google’s charming translation)

CCF is putting signs on school buses, apparently.

On the off chance that you are not familiar with CCF, SourceWatch is a good place to begin.

It runs media campaigns which oppose the efforts of scientists, doctors, health advocates, animal advocates, environmentalists and groups like Mothers Against Drunk Driving, calling them “the Nanny Culture…Its advisory board is comprised mainly of representatives from the restaurant, meat and alcoholic beverage industries.

I’ve also written about this group.  Enough said.

My double-page op-ed in today’s New York Daily News:

Liberty from big soda: Why Bloomberg’s ‘ban’ should be only the beginning of a public health revolution

 

 

 

Barring any late legal surprises, Mayor Bloomberg’s 16-ounce cap on sugary sodas goes into effect on Tuesday, March 12. After that, restaurants, movie theaters, sports venues and food carts will not be permitted to sell extra-large portions of sugar-packed drinks.

Stay calm. This does not signal the end of democracy in America. This is not the nanny state gone out of control.

If we want Americans to be healthy, we are going to have to take actions like this – and many more – and do so soon. It’s long past time to tax sugar soda, crack down further on what gets sold in our schools, tackle abusive marketing practices, demand a redesign of labels – and extend the soda cap, no matter how controversial it may seem. This must be the beginning, not the end, of efforts toward a healthier America.

In short, we need a series of serious changes to make the healthy choice the easy choice. The soda size cap is a nudge in that direction. You will still be able to drink all the soda, and down all the sugar, that you want. The cap on soda size makes it just a tiny bit harder for you to do so.

That “tiny bit harder” is its point. If you have to order two sodas instead of one, maybe you won’t. If you have to add sugar to your coffee drink yourself, maybe you will only add one or two teaspoons instead of the 10 or more someone else put in there for you.

For a public health nutritionist like me, the soda size cap is a terrific idea. Unlike other foods, sodas are a unique target for intervention. They contain sugars – and sugar calories – but nothing else of nutritional value. They are candy in liquid form. Candy has a place in healthy diets, but a small one. So it should be for sodas.

It’s no surprise that people who drink large amounts of liquid candy have worse diets, are heavier, and have more health problems than those who do not. And it looks like the body doesn’t compute the calories from liquid sugars as accurately as it does for sugars in foods.

On top of that, big sizes make the problems worse. To state the obvious, larger portions have more calories. If an 8-ounce soft drink provides 100 calories, then a 16-ounce drink provides 200, a 32-ounce drink provides 400 and a 64-ounce drink provides 800.

But big sizes also have other effects. They induce people to eat and drink more than they would if given smaller portions. Big sizes confuse people into underestimating the number of calories consumed.

Most people eat whatever size is in front of them – the “default,” in public health-speak – and are content with that amount. So a reasonable goal of public health intervention is to change the default drink to a smaller size. Hence: Bloomberg’s 16-ounce size cap.

From my nutritionist’s perspective, a 16-ounce soda is still generous. Just one contains the equivalent of 12 packets of sugar. Just one provides 10% of the daily calorie needs of someone who typically eats 2,000 calories a day. Just one contains the upper limit of sugar intake that health officials recommend for an entire day. Once you down a 16-ounce soda, it’s best to stop right there.

You may find this hard to believe, but the original Coca-Cola was 6.5 ounces, smaller than any size available today. In the 1950s, Coke advertised its 16-ounce bottle as large enough to serve three.

Times have changed. The sizes of foods and drinks have expanded, and so have waistlines. This is no coincidence. On the basis of calories alone, larger portions are all you need to explain why Americans are putting on pounds.

City officials concerned about the health of their citizens, as those in New York most definitely are, want to do everything they can to prevent obesity and the illnesses that go with it. Their rationale is humanitarian, but also fiscal. Poor health is expensive for both individuals and society. You don’t believe that excessive weight is an issue? Just ask the military.

We can thank Big Soda – Coca-Cola, Pepsi and their trade association, the American Beverage Association – for the contribution of big sodas to weight gain. Soda companies have spent fortunes to create demand, to make drinking large amounts seem normal, to market sodas as essential for health and happiness and, these days, to fight Bloomberg’s soda cap and take the city to court over it.

Soda companies may make things you like to drink, but they are not social service agencies. Their job is to get you to buy more soda to satisfy the financial demands of investors. They are about business. They are not about fun or happiness or personal choice – and they certainly are not about health.

The soda industry may profess to care more about your well-being these days, but it ultimately will not do anything to promote health if doing so harms sales.

So-called “nanny-state” measures – like bans on driving while drunk, smoking in public places and, now, selling absurdly large sugary drinks – help to level the playing field. Such measures are about giving everyone an equal opportunity to live a safer and healthier life.

At the moment, it is up to you to make healthier choices, but that’s not easy in the face of relentless soda marketing. Governments have a responsibility to provide healthier environments for their citizens.

Here are some additional actions New York City should take, if only it were allowed to.

Close the loopholes. The city does not have jurisdiction over sales of sodas in convenience stores and supermarkets. The state does. Gov. Cuomo denied Mayor Bloomberg’s request to extend the size cap to those stores, not on principle but because he hadn’t thought about it. He should, right now. Let’s keep all sugary drinks to 16 ounces or less.

Fix the price differential. A 7.5-ounce can of soda costs twice as much per ounce as a two-liter bottle, and you can’t buy just one; it comes in an 8-pack. Price determines sales. If a 16-ounce soda costs a dollar, a 32-ounce soda should cost two dollars.

Tax sodas. Most people wouldn’t dream of eating candy all day, but soda companies have made it seem normal to drink sodas from morning to night. Raising the price of sodas would discourage sales, especially among young people most susceptible to marketing efforts and most vulnerable to weight gain. A one-cent tax per ounce should do the trick and raise plenty of needed revenue besides.

Remove vending machines from schools. Yes, the Beverage Association only puts “better-for-you” drinks in school vending machines, but sugar-filled sports drinks are still liquid candy. And kids should not have to pay for water in schools.

Restrict marketing of sodas to children. Soda companies market extensively to children and adolescents, especially those in low-income neighborhoods. Just look at billboards, celebrity photos on soda cans and Pepsi’s $50 million dollar deal with Beyoncé. They should not be permitted to market to kids this way. We already have restrictions on cigarette and alcohol marketing to kids. It breaks no new ground to add sodas to the list.

Don’t let SNAP (food stamp) benefits be used for sodas. Bloomberg tried this, but the federal Department of Agriculture said no. There is absolutely no reason that taxpayer-subsidized food assistance for low-income people should go toward junk with no nutritional value. He should try again.

Show full calories on the front of containers. The current way calories are tallied, in a measure called “calories-per-serving,” is confusing because the servings are unrealistically small and people don’t do the math. Soda cans already give the full calories in tiny type on the Nutrition Facts label, but I want to see the full calories in big type on the front.

Actions like these will evoke ferocious opposition from the soda industry, and it will spare no expense to make sure such things never happen. We would surely hear more and more howls of “nanny-state” from those who insist Bloomberg has led us to the brink of a public health police state. Polls say that many New Yorkers oppose the 16-ounce cap and would oppose measures like this, too.

But I can’t tell whether the opposition comes from genuine concern about limits on personal choice or because soda companies have spent millions of dollars to protect their interests and gin up histrionic, misinformed opposition.

Come Tuesday, the 16-ounce soda is the new default size in New York City. While waiting for the court decision and for politics to play out, why not give it a chance? Maybe it will help you live a healthier and longer life.

 

Here’s my monthly (first Sunday) Food Matters column from the San Francisco Chronicle. The question (edited) came from a reader of this blog.

Q: You view New York City’s cap on any soda larger than 16 ounces as good for public health. I don’t care if sodas are bad for us. The question is “Whose choice is it?” And what role should the nanny state play in this issue?

A: Your question comes up at a time when the New York State Supreme Court is hearing arguments about whether New York City’s health department has the right to establish a limit on soda sizes.

As an advocate for public health, I think a soda cap makes sense. Sixteen ounces provides two full servings, about 50 grams of sugars, and 200 calories – 10 percent of daily calories for someone who consumes 2,000 calories a day.

That’s a generous amount. In the 1950s, Coca-Cola advertised this size as large enough to serve three people.

You may not care whether sodas are bad for health, but plenty of other people do. These include, among others, officials who must spend taxpayer dollars to care for the health of people with obesity-related chronic illnesses, employers dealing with a chronically ill workforce, the parents and teachers of overweight children, dentists who treat tooth decay, and a military desperate for recruits who can meet fitness standards.

Poor health is much more than an individual, personal problem. If you are ill, your illness has consequences for others.

That is where public health measures come in. The closest analogy is food fortification. You have to eat vitamins and iron with your bread and cereals whether you want to or not. You have to wear seat belts in a car and a helmet on a motorcycle. You can’t drive much over the speed limit or under the influence. You can’t smoke in public places.

Would you leave it up to individuals to do as they please in these instances regardless of the effects of their choices on themselves, other people and society? Haven’t these “nanny state” measures, as you call them, made life healthier and safer for everyone?

All the soda cap is designed to do is to make the default food choice the healthier choice. This isn’t about denial of choice. If you want more than 16 ounces, no government official is stopping you from ordering as many of those sizes as you like.

What troubles me about the freedom-to-choose, nanny-state argument is that it deflects attention from the real issue: the ferocious efforts of the soda industry to protect sales of its products at any monetary or social cost.

The lawsuit against the soda cap is a perfect example. It is funded by the American Beverage Association, the trade association for Coca-Cola, PepsiCo and other soft-drink companies, at what must be astronomical expense.

To confuse the public about corporate profits as a motive, the beverage association enlisted two distinguished civil rights groups – the NAACP and the Hispanic Federation – to file an amicus brief on behalf of its lawsuit.

Never mind that the obesity rate for the communities these groups represent is considerably higher than average in New York City, and that these neighborhoods would benefit most from the soda cap. The amicus brief argues that the soda cap discriminates against them.

The brief, however, neglects to mention that both amicus groups received large donations from soda companies and that the NAACP in particular has a long history of partnership with Coca-Cola.

Financial arrangements between soda companies and ostensibly independent groups demand scrutiny. National and local reporters – bless them – have done just that.

They report, among other connections, that one of the law firms working for Coca-Cola wrote the amicus brief, and that a former president of the Hispanic Federation just took a job with that company.

Last fall, the East Bay Express exposed how the soda industry exploited race issues to divide the electorate and defeat the Measure N soda tax initiative in Richmond. It revealed

that the beverage association not only paid for the successful “grassroots” campaign against Measure N but also encouraged views of the soda tax as racist.

Driven by this experience, the soda industry is repeating this tactic in New York City.

Is a cap on soda sizes discriminatory against groups working for civil rights? Not a chance.

Public health measures are about alleviating health disparities and giving everyone equal access to healthy diets and lifestyles. This makes public health – and initiatives like the soda cap – broadly inclusive and democratic.

If anything is undemocratic and elitist, it is suing New York City over the soda cap.

In funding this lawsuit, the soda industry has made it clear that it will go to any length to protect its profits, even if it means discrediting the groups that would most benefit from this rather benign public health initiative.

Who knew that Wednesday’s New York State Supreme Court hearing on the lawsuit filed against New York City’s cap on sodas larger than 16 ounces would turn out to be a debate about race relations?

Let’s be clear.  This lawsuit is about only one thing and one thing only: to protect the profits of Big Soda—mainly, Coca-Cola and PepsiCo.  The lawsuit is funded by their trade association, the American Beverage Association (ABA), at what must be astronomical expense.

But to shift attention away from profit as a motive, the ABA enlisted two organizations of underrepresented groups—the NAACP and Hispanic Federation—to file an amicus brief on behalf of the soda companies.  The brief argues that the soda cap discriminates against citizens and small-business owners in African-American and Hispanic communities.  But it neglects to mention  that both “friends of the court” received funding from soda companies.

The financial arrangements between Big Soda and such groups demand further examination. Fortunately, we have Michael Grynbaum at the New York Times, who explains that:

The obesity rate for African-Americans in New York City is higher than the city average, and city health department officials say minority neighborhoods would be among the key beneficiaries of a rule that would limit the sale of super-size, calorie-laden beverages.

But the N.A.A.C.P. has close ties to big soft-drink companies, particularly Coca-Cola, whose longtime Atlanta law firm, King & Spalding, wrote the amicus brief filed by the civil rights group in support of a lawsuit aimed at blocking Mr. Bloomberg’s soda rules…Coca-Cola has also donated tens of thousands of dollars to a health education program, Project HELP, developed by the National Association for the Advancement of Colored People. The brief describes that program, but not the financial contributions of the beverage company. The brief was filed jointly with another organization, the Hispanic Federation, whose former president, Lillian Rodríguez López, recently took a job at Coca-Cola.

Soda companies have a long history of targeting their marketing efforts to Blacks and Hispanics, as shown in at least one book (and described in one of its reviews).

Last fall, the East Bay Express exposed how the soda industry exploited race issues and used them to divide and conquer in defeating the Measure N soda tax initiative in Richmond, California.

The No on Measure N workers’ paychecks were signed by political consultant Barnes Mosher Whitehurst Lauter & Partners (BMWL), which had been hired by the American Beverage Association….By the time that Big Soda had arrived, the issue of race was already a factor in the campaign. Some opponents of the tax had alleged that it was racist, arguing that it would unfairly harm low-income residents in the city. And the No on Measure N campaign…nurtured that sentiment. Indeed, there is evidence that the beverage association helped keep race at the forefront of the campaign as part of a strategy that exploited Richmond’s existing tensions.

…the beverage industry discovered a winning formula in Richmond last year that it might be able to replicate elsewhere…And if that were to happen, it could drive a wedge through traditional Democratic constituencies in many communities, with blacks and Latinos opposing their longtime political allies — progressives and environmentalists — just like they did in Richmond.

Is a cap on soda sizes discriminatory?  Quite the contrary.

Public health measures like this are about removing health disparities and giving everyone equal access to good nutrition and health.  This makes public health—and initiatives like the soda cap—democratic, inclusive, and anything but elitist.

But I can’t think of anything more elitist, less inclusive, and more undemocratic than suing New York City over the soda cap.

In funding this suit, the soda industry has made it clear that it will go to any lengths at any cost to protect its profitability—even to the point of dragging along with it the very groups that would most benefit from the initiative.

If the American Beverage Association and its corporate members really cared about Black and Hispanic groups, it would stop target marketing,  stop marketing to children, and stop pretending that sugar-sweetened beverages are an important part of active, healthy lifestyles.  It certainly would stop wasting these groups’ time and credibility on anti-public health lawsuits.