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Experts: Courts Likely to Uphold New York Soda Ban
US News and World Report ^ | September 14, 2012 | Jason Koebler

Posted on 09/16/2012 6:37:15 PM PDT by Tolerance Sucks Rocks

Legal challenges to New York City's ban on sodas larger than 16 ounces are unlikely to be successful, and the ban could spark similar moves in other cities around the country, according to experts.

Thursday, after the city's board of health formally prohibited restaurants from selling sodas larger than 16 ounces after March 12, 2013, organizations around New York City said they would consider suing the city to get the ban overturned.

Laura Palantone, a spokesperson for New York City Beverage Choices, a group against the ban, says the organization will "carefully review the regulation and explore our options now that [the ban] has passed." In a press release issued Thursday, the group said they are "exploring all avenues to challenge the board's ruling, including in court."

But John Cromer, a lawyer with Burns White who has represented food and beverage companies, says New York City likely has the authority to issue the ban, which was championed by Mayor Michael Bloomberg.

"States, and cities for that matter, have wide authority to regulate public health—smoking bans are a good example, as are motorcycle helmet and car seatbelt requirements," he says. Most likely, organizations will try to argue that the city has no "rational basis" for enacting the ban.

"You can buy as many 16 ounce soft drinks as you want, you can hold a 16 ounce soda in each hand," he says. "They can try to argue that the ban won't do anything to promote public health or argue that it might not reduce obesity, as the mayor is claiming."

Those opposed could also try to say the ban attempts to pre-empt the U.S. Food and Drug Administration's responsibilities or say that the ban violates the U.S. Commerce Clause that regulates trading between states.

"My gut reaction is that the [Commerce Clause] argument has less of a chance of working than arguing there's no rational basis because they're not regulating the sale of soft drinks or soda in the state, they're just limiting what the consumption size can be," he says.

New York City has enacted a number of anti-obesity campaigns over the past few years: Officials there banned transfats from restaurants in 2008 and required fast food restaurants to post calorie counts. Experts say that if the ban is successful at curbing obesity, other cities and states could try to enact similar measures.

"New York City's policy to limit the size of sodas is no longer a local story because it has spurred a national conversation about the health consequences of sugary drinks," Andrew Cheyne, a University of California-Berkley professor who studies the soda industry, says. "This matters because we know from the history of tobacco control that when the public understood the health harms from cigarettes, the industry's main product, they viewed the marketing or political actions taken by the tobacco companies much more critically," making them more likely to support a ban.

Cromer agrees: "New York City has been very progressive on these types of health issues, and a lot of these public health concerns seem to originate there," he says. Though a state would have the authority to enact a similar ban, it's likely similar bans will be enacted on a local level.

"Bloomberg only needed a few votes on a mayor-appointed board," he says. "It's much more difficult to do on a state level."


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: New York
KEYWORDS: ban; bloomberg; bloominidiotberg; bullystate; commerceclause; courts; fascism; foodnazis; foodpolice; health; michaelbloomberg; nannystate; nutrition; obesity; progressive; sodaban
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1 posted on 09/16/2012 6:37:24 PM PDT by Tolerance Sucks Rocks
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To: Eric Blair 2084; SheLion; Gabz; Hank Kerchief; 383rr; libertarian27; traviskicks; bamahead; CSM; ...

Nanny State PING!


2 posted on 09/16/2012 6:38:38 PM PDT by Tolerance Sucks Rocks (Obama should change his campaign slogan to "Yes, we am!" Sounds as stupid as his administration is.)
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To: Tolerance Sucks Rocks

Reason number 10,865 not to live there.


3 posted on 09/16/2012 6:46:05 PM PDT by 2ndDivisionVet (You cannot invade the mainland United States. There would be a rifle behind every blade of grass.)
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To: Tolerance Sucks Rocks

Assuming the ban does go through, I’d like to see the obesity statistics six months to a year later. Supposedly 60% of New Yorkers are currently overweight. I’ll bet the number rises.

It’s like drugs. People who want the sugary drinks will find some way to get them.


4 posted on 09/16/2012 6:47:15 PM PDT by fatnotlazy
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To: Tolerance Sucks Rocks

This is the dumbest thing I have ever heard. Couldn’t you just buy two or three small drinks???

NY and CA need to secede.


5 posted on 09/16/2012 6:48:23 PM PDT by ilovesarah2012
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To: Tolerance Sucks Rocks

I’m assuming that you can still buy a 40-ouncer of malt liquor in NYC?


6 posted on 09/16/2012 6:48:36 PM PDT by randog (Tap into America!)
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To: Tolerance Sucks Rocks

So a 15 oz Scotch on the rocks will still be legal?


7 posted on 09/16/2012 6:49:51 PM PDT by CrazyIvan (Obama's birth certificate was found stapled to Soros's receipt.)
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To: Tolerance Sucks Rocks

Since when did “public” health mean you can tell me what to do? “Public health” deals with communicable diseases, not what I am doing to myself. Sugary drinks, smoking, or transfats DO NOT cause health issues except to those consuming the products - therefore none are PUBLIC HEALTH issues.

What has Bloominidiot done to stem the spread of AIDS or hepatitis? Now those are true public health issues, as they are communicable diseases..........has he banned anything that causes those true public health issues?


8 posted on 09/16/2012 6:50:26 PM PDT by Gabz (Democrats for Voldemort.)
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To: Tolerance Sucks Rocks

When I go through the drive through and they mistakenly give me one of these things, these absolute monstrosities which don’t fit into any category of food, I just laugh and give it back, I don’t care if I’ve paid for it through some meal deal.

It’s ridiculous.

When someone asked me the other day re: German socialized medicine vis a vis Obamacare and the potential benefits, the answer was a very quick: Germans take care of their nutrition the way people in this country used to. We don’t have the resources they do to manage the plethora of obese people who won’t take care of themselves and who want the medical system to do it for them as they refuse to comply with medical orders and advice.

We have a thirty six percent obesity rate. That alone should take us out of the running for having a socialized medicine system, not to mention that the German system is not at all satisfactory.

And the waddling women I see regularly carrying these ginormous sodas around are atrocious, though they won’t make it past 65, they’ll utilize tremendous resources on the way.

Still, I enjoy using my choice to laugh and give the thing back.

I don’t need Mooch, who can’t dress to save her life or reputation and whose fat form I wish to never see, telling me nor Mayor Bloomberg telling me I’m too stupid to know how to take care of my nutrition.

They can check their own behaviors.


9 posted on 09/16/2012 6:53:00 PM PDT by stanne
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To: Tolerance Sucks Rocks

When I go through the drive through and they mistakenly give me one of these things, these absolute monstrosities which don’t fit into any category of food, I just laugh and give it back, I don’t care if I’ve paid for it through some meal deal.

It’s ridiculous.

When someone asked me the other day re: German socialized medicine vis a vis Obamacare and the potential benefits, the answer was a very quick: Germans take care of their nutrition the way people in this country used to. We don’t have the resources they do to manage the plethora of obese people who won’t take care of themselves and who want the medical system to do it for them as they refuse to comply with medical orders and advice.

We have a thirty six percent obesity rate. That alone should take us out of the running for having a socialized medicine system, not to mention that the German system is not at all satisfactory.

And the waddling women I see regularly carrying these ginormous sodas around are atrocious, though they won’t make it past 65, they’ll utilize tremendous resources on the way.

Still, I enjoy using my choice to laugh and give the thing back.

I don’t need Mooch, who can’t dress to save her life or reputation and whose fat form I wish to never see, telling me nor Mayor Bloomberg telling me I’m too stupid to know how to take care of my nutrition.

They can check their own behaviors.


10 posted on 09/16/2012 6:53:00 PM PDT by stanne
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To: Tolerance Sucks Rocks

Today I heard an interesting liberal rebuttal to the soda ban. Don’t ban it - people will break the law or find work arounds. Instead, tax ALL soda to decrease consumption, generating revenue while improving public health.


11 posted on 09/16/2012 6:55:06 PM PDT by tbw2
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To: Gabz

Since “public health” turned into “free” medical care.


12 posted on 09/16/2012 6:56:53 PM PDT by stanne
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To: Tolerance Sucks Rocks

Don’t challenge it in the courts. Challenge it in the streets.


13 posted on 09/16/2012 6:57:30 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Tolerance Sucks Rocks

3/4 of the damned thing is ice anyway.


14 posted on 09/16/2012 6:59:01 PM PDT by headstamp 2 (What would Scooby do?)
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To: Tolerance Sucks Rocks

It’s fantastic that Bloomie realizes NYers aren’t capable of making basic choices on personal health.

It’s horrible that Bloomie thinks these same people should be allowed to vote for President and Congress.


15 posted on 09/16/2012 6:59:56 PM PDT by nascarnation (Defeat Baraq 2012. Deport Baraq 2013)
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To: nascarnation

Scary, isn’t it?


16 posted on 09/16/2012 7:01:37 PM PDT by stanne
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To: Tolerance Sucks Rocks
But John Cromer, a lawyer with Burns White who has represented food and beverage companies, says New York City likely has the authority to issue the ban, which was championed by Mayor Michael Bloomberg.<<<

Great start Mayor!...but lets cut to the chase and get this deal accomplished!!...

Ban men's waist sizes bigger the 36 and dress sizes bigger then 14 for everyone in or visiting NY....Was that so hard??

17 posted on 09/16/2012 7:05:46 PM PDT by M-cubed
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To: Tolerance Sucks Rocks
But John Cromer, a lawyer with Burns White who has represented food and beverage companies, says New York City likely has the authority to issue the ban, which was championed by Mayor Michael Bloomberg.<<<

Great start Mayor!...but lets cut to the chase and get this deal accomplished!!...

Ban men's waist sizes bigger the 36 and dress sizes bigger then 14 for everyone in or visiting NY....Was that so hard??

18 posted on 09/16/2012 7:05:59 PM PDT by M-cubed
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To: Tolerance Sucks Rocks

Go down to a NYC China-town restaurant and order a meal and they just don’t charge you sales tax, they just ignore that law.


19 posted on 09/16/2012 7:07:02 PM PDT by sickoflibs (Romney is still a liberal. Just watch him. (Obama-ney Care ))
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To: Tolerance Sucks Rocks

Next is liquor cannot be sold in containers of more than one ounce.

It actually has a limit and a precedent.

the 32 ouncers where available before and never challenged when created.

The issue is a sugary substance and they are limiting the substance by fascistic dictate.


20 posted on 09/16/2012 7:07:21 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Tolerance Sucks Rocks

Courts? Now there’s a joke. Most of the “Courts” have either been bought and paid for, owe their positions to liberal Dimocraps, are driven by personal agendas, are crooked or are just plain anti-Constitutional.


21 posted on 09/16/2012 7:08:25 PM PDT by Dapper 26
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To: Gabz

Their reasoning goes something along the lines that obese people are costing the taxpayers in health care costs and by restricting the sizes of sodas, they will cause obesity rates to drop, hence less burden on the taxpayers. (Not that they really care about the taxpayers. Whatever money this does save, assuming any money will be saved, they will spend on something else)


22 posted on 09/16/2012 7:10:05 PM PDT by lowbridge (Joe Biden: "Look, the Taliban per se is not our enemy.")
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To: stanne

When are buffet restaurants going to be illegal? Will people be put in jail for going back for seconds?


23 posted on 09/16/2012 7:10:17 PM PDT by profit_guy
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To: ilovesarah2012

“NY and CA need to secede”

It’d all be cool if they ever decided to _succeed_ at something besides graft and debt.


24 posted on 09/16/2012 7:10:35 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: M-cubed

I saw a news report on how Japan is now measuring the waists of everyone over 40. If your waist is too big, you have to pay more for the national health insurance. Or the employer does, and you get penalized by the employer.


25 posted on 09/16/2012 7:12:20 PM PDT by tbw2
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To: Tolerance Sucks Rocks

No servings of meat over 3 ounces as has been demonstrably proven the body can absorb 5-10 ounces in an hour.

So it would generous to allow you to eat twice as much as you can reasonably absorb.

So Let it Be Written, So Let it Be Done.


26 posted on 09/16/2012 7:13:00 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: DesertRhino
How about expelled!

That would be an interesting constitutional question!
Can a state be so incompetently run that it is kicked out of the Union.

27 posted on 09/16/2012 7:14:44 PM PDT by Reily (l)
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To: Tolerance Sucks Rocks
Can the American Spirit of Freedom in New York really be this submissive?

Are the citizens of New York really going to let themselves be dominated by the State like this?

Tyrannical bullshit such as this, fomented by our rulers, makes me ashamed of the people we elect to represent us.

Petty Tyrants like Bloomberg are the scum of the earth, and they should be ridiculed and burned in effigy, if not tarred and feathered.

This sort of authoritarian nonsense is antithetical to minimal, non-intrusive republican government, and I can only hope that one day we all live in an America where such asinine thinking simply doesn't occur.

Education, not legislation.

Busybody Bloomberg, his health board, and their ilk need to be repeatedly and systematically soaked with Sprite from Super Big Gulps, or something.

Every time Bloomberg walks out in public he should be terrified that someone's gonna soda-fy him.

C'mon, New Yorkers, show some guts! It will always be an "accident", of course. Things happen. Drinks spill...

28 posted on 09/16/2012 7:15:07 PM PDT by sargon
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To: tbw2

” I saw a news report on how Japan is now measuring the waists of everyone over 40 “

Untrue .


29 posted on 09/16/2012 7:16:12 PM PDT by sushiman
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To: DesertRhino

We know that isn’t going to happen.


30 posted on 09/16/2012 7:16:35 PM PDT by ilovesarah2012
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To: Tolerance Sucks Rocks

Thanks for the ping!


31 posted on 09/16/2012 7:17:31 PM PDT by Alamo-Girl
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To: Tolerance Sucks Rocks
'Healthy lifestyle' given as an excuse to strip humans of their rights

'Heal the planet' given as an excuse to strip humans of their rights

32 posted on 09/16/2012 7:18:03 PM PDT by GeorgeWashingtonsGhost
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To: Tolerance Sucks Rocks

Result >> people will buy 2 16oz sodas, consume 32oz instead of 20oz and generate more plastic garbage.


33 posted on 09/16/2012 7:19:18 PM PDT by HP8753 (Live Free!!!! .............or don't.)
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To: Tolerance Sucks Rocks

I should make Blooming Idiot drink a 32-ouncer after I’ve filtered it through my kidneys.


34 posted on 09/16/2012 7:23:03 PM PDT by Edward Teach
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To: Tolerance Sucks Rocks

courts are where you find some real tyrants these days


35 posted on 09/16/2012 7:24:50 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: Reily

Now that’s really the best question. I’d like to nominate
several coastal states for expulsion.


36 posted on 09/16/2012 7:25:28 PM PDT by jusduat (on the mercy of the Lord alone.)
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To: HP8753
"Result >> people will buy 2 16oz sodas, consume 32oz instead of 20oz and generate more plastic garbage."

Can you say...two for one?
Can you say...free refills?

Ways to circumvent this law aside, it's still extremely offensive that this turd thinks that he somehow has the authority to legislate this much control over people's lives in the first place.

37 posted on 09/16/2012 7:26:31 PM PDT by Edward Teach
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To: profit_guy

I know.

Slippery slope.

It used to be we turned away people for not having med insurance. Personal responsibility can be harsh, but I do think it is the best way for us.


38 posted on 09/16/2012 7:27:31 PM PDT by stanne
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To: Tolerance Sucks Rocks

Of course they’ll “uphold” it. It’s a commie ‘RAT nanny state thing. Like ‘RAT politicians, “judges” know what is good for us and what is bad.


39 posted on 09/16/2012 7:27:47 PM PDT by FlingWingFlyer (The United States of America apologizing to knuckledragging, cavedwelling Neandethals. Whodda thunk!)
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To: sushiman

My sources:
http://www.nytimes.com/2008/06/13/world/asia/13fat.html?pagewanted=all
http://www.usnews.com/news/world/articles/2008/06/04/japan-cracks-down-on-waistlines_print.html

“One regulation, effective in April requires all citizens over the age of 40 to have their waists measured every year. If a man’s waist is more than 33.5 inches or a woman’s more than 35.5 inches, they are considered at risk and referred for counseling and close monitoring. The government is also requiring companies to slim down their workers or face higher payments into the national insurance program.”


40 posted on 09/16/2012 7:33:51 PM PDT by tbw2
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To: Gabz

Well, you’re wrong. Public health is “the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals” - Winslow, Charles-Edward Amory (1920 Jan 9). “The Untilled Fields of Public Health”. Science 51 (1306): 23–33. doi:10.1126/science.51.1306.23. PMID 17838891.


41 posted on 09/16/2012 7:35:27 PM PDT by Kirkwood (Zombie Hunter)
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To: tbw2

You said EVERYBODY . I live in Japan . I am 60 . Nobody has checked my waist size .


42 posted on 09/16/2012 7:42:29 PM PDT by sushiman
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To: Tolerance Sucks Rocks

Sieg Heil Fuhrer Bloomberg!


43 posted on 09/16/2012 7:55:55 PM PDT by tina07 (In loving memory of my father,WWII Vet. CBI 10/16/42-12/17/45, d. 11/1/85)
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To: Tolerance Sucks Rocks
Do movie theaters even have 16 oz cups?

Are large and super size supposed to go away now? Or will they just give out 2 cups. Or maybe make up for it with extra fries. No, wait! That's more salt and they'll need more to drink.

And it's so anti-metric. Half-liters are now illegal.

44 posted on 09/16/2012 7:57:28 PM PDT by Tanniker Smith (Rome didn't fall in a day, either.)
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To: ilovesarah2012

Yes but it will cost more. Larger sizes are just 20 or 30 cents more for the next larger size. Say you really want 32oz before you could get it for 1.40 but now you will pay 2.20 or 2.40 to buy 2 16oz. I would imagine that a lot of eat in places will probably have a price that allows you to refill though.


45 posted on 09/16/2012 7:57:28 PM PDT by tiki
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To: Tolerance Sucks Rocks; mickie; flaglady47
The people of NYC deserve everything restrictive that comes their way. They keep voting in lefties, fascists and psychos.

I hope the Mayor next outlaws cannolis, bagels and lox.........maybe even seltzer vasser.

You get what you vote for, schmucks.

Leni

46 posted on 09/16/2012 8:23:07 PM PDT by MinuteGal
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To: Tolerance Sucks Rocks

Welcome to Bloomturdistan!

While Bloomberg is a dictatorial success in 2012, he would have been great in the Soviet Union until about 1952. In 1953 he would be dead, killed by Beria and Stalin because he is Jewish.

Now Bloomberg is the new Stalin. Guess he never read a history book, or looked at the influence of the Communist Party USA on New York City and the Democrat Party there.

Hey New Yorkers, see what you have done, and you deserve him.


47 posted on 09/16/2012 8:28:07 PM PDT by MadMax, the Grinning Reaper
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To: ilovesarah2012
This is the dumbest thing I have ever heard. Couldn’t you just buy two or three small drinks???

Smaller sizes cost more per oz. So folks will have to pay maybe 33% more for 20ozs.

48 posted on 09/16/2012 8:40:06 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: MinuteGal

First they took the cigarettes, and everyone all over the country thought that was just great. People saw nothing wrong with the government telling a privately owned business that their patrons were not allowed to smoke in a private establshment. Now the government is deciding what soda serving size a privately owned business is allowed to serve.


49 posted on 09/16/2012 8:45:07 PM PDT by Toespi
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To: Tanniker Smith
Are large and super size supposed to go away now?

If you ever went to Boston Market for chicken, the only soft drink size they have is, like, 32 ozs. It's the only cup size they carry. Pretty ridiculous if you ask me.

50 posted on 09/16/2012 8:48:13 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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