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Who's Your Nanny? Choice, Paternalism and Public Health in the Age of Personal Responsibility

Published online by Cambridge University Press:  01 January 2021

Extract

In June 2012, New York City Mayor Michael Bloomberg announced his plans for a ban on the sale of sugary beverages in containers larger than 16 ounces. Shortly thereafter, the Center for Consumer Freedom took out a full-page ad in the New York Times featuring Bloomberg photo-shopped into a matronly dress with the tag line “New Yorkers need a Mayor, not a Nanny.” On television, the CATO Institute's Michael Cannon declared, “This is the most ridiculous sort of nanny state-ism; [i]t’s none of the mayor's business how much soda people are drinking.” And in newspapers around the country, editorial pages featured headlines such as “Gulp! Yet Another Intrusion of the Nanny State.” Just like that, the public debate about this measure became focused on government overreach, while the public health problem of obesity (and of overconsumption of soda in particular) faded into the background.

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Supplement
Copyright
Copyright © American Society of Law, Medicine and Ethics 2013

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References

ABC News, “Sugar Smackdown; Soda Wars,” June 1, 2012.Google Scholar
Editorial, “Gulp! Yet Another Intrusion of the Nanny State” Observer-Dispatch (Utica, New York), June 8, 2012.Google Scholar
197 U.S. 11, 26-27 (1905).Google Scholar
Weight of the Nation, HBO Documentary, quoted in Shapiro, Noah A., “Bloomberg Ban of Big Sugar-Sweetened Beverages and the Weight of the Nation,” Kaiser Permanente Institute for Health Policy, September 4, 2012.Google Scholar
See Epstein, R. A., “Let the Shoemaker Stick to His Last: In Defense of the ‘Old’ Public Health” Perspectives in Biology and Medicine 64, no. 3, Supp. (2003): S138S159; Epstein, R. A. “What (Not) to Do about Obesity: A Moderate Aristotelian Answer” Georgetown Law Journal 93, no. 4(2005):1361–1386; Rothstein, M. A. “Rethinking the Meaning of Public Health” Journal of Law Medicine & Ethics 30, no. 2(2002):144–149; Rothstein, M. A. “The Limits of Public Health: A Response” Public Health Ethics 2, no. 2(2009):84–88; Hall, M. A. “The Scope and Limits of Public Health Law” Perspectives in Biology and Medicine 64, no. 3, Supp. (2003): S199–S209; Pope, T. M. “The Slow Transition of U.S. Law Toward a Greater Emphasis on Prevention” in Faust, H. S. and Menzel, P. T., eds., Prevention vs. Treatment: What's the Right Balance (Oxford: Oxford University Press, 2011).CrossRefGoogle Scholar
See, e.g., Pope, T. M. “Balancing Public Health against Individual Liberty: The Ethics of Smoking Regulations” University Pittsburgh Law Review 61, no. 2(2000): 419498.Google Scholar
Wellbeing, Gallup “Americans’ Concerns about Obesity Soar, Surpass Smoking” July 18, 2012, available at <http://www.gallup.com/poll/155762/americans-concerns-obesity-soar-surpass-smoking.aspx> (last visited January 14, 2013).+(last+visited+January+14,+2013).>Google Scholar
Harris Interactive, “Many Americans Ambivalent over Laws Aimed at Healthy Living: Poll,” March 20, 2012, available at <http://www.harrisinteractive.com/vault/Healthy%20Life-style_3.20.12.pdf> (last visited January 25, 2013).+(last+visited+January+25,+2013).>Google Scholar
Grynbaum, M. M. and Connelly, M. “60% in City Oppose Bloomberg's Soda Ban, Poll Finds” New York Times, August 22, 2012, available at <http://www.nytimes.com/2012/08/23/nyregion/most-new-yorkers-oppose-bloombergs-soda-ban.html?_r=0> (last visited January 25, 2013).Google Scholar
See Dicker, , supra note 1.Google Scholar
Crandall, C. S. and Martinez, R. “Culture, Ideology, and Antifat Attitudes” Personality & Social Psychology Bulletin 22, no. 11(1996):11651176, 1166.CrossRefGoogle Scholar
New York City Department of Health and Mental Hygiene, Notice of Adoption of an Amendment (§81.53) to Article 81 of the New York City Health Code, September 13, 2012, available at <http://www.nyc.gov/html/doh/downloads/pdf/notice/2012/notice-adoption-amend-article81.pdf> (last visited January 14, 2013).+(last+visited+January+14,+2013).>Google Scholar
See Wiley, L. F. “Personal Responsibility, Stigma and the Emerging Law of Obesity Control” (unpublished manuscript on file with author).Google Scholar