Professor Winters Discusses Soda Ban on National Radio Show
Professor Diana R.H. Winters was a guest on the WBUR Radio program “On Point, with Tom Ashbrook,” on March 12, 2013, discussing New York City’s ban on fountain drinks over 16 ounces. The ban was declared invalid on March 11, 2013, by Justice Milton Tingling of the New York State Supreme Court. Justice Tingling ruled that Mayor Michael Bloomberg had overstepped his authority by sidestepping the City Council and putting the issue before the city’s Board of Health. Justice Tingling also called the ban, which would limit the size of beverages containing sugar served in restaurants in the city to 16 ounces, “arbitrary and capricious.” The ban was to take effect on March 12, 2013. The mayor has said he will appeal the ruling.
Professor Winters called the justice’s ruling flawed. The ruling doesn’t apply to convenience stores, which was part of the reason the justice called the ban arbitrary and capricious, because those are regulated by the state. “The main issue here,” Professor Winters said on the program, “is that the city has the authority to regulate the public health through the board of health.” The radio show can be accessed online.
Professor Winters joined the IU McKinney faculty in August 2012. She was a visiting assistant professor at Boston University School of Law, where she also was the Health Law Scholar. Professor Winters teaches health law, torts, and FDA law. She is part of the law school’s Hall Center for Law and Health, which is home to the Indiana Health Law Review, frequent guest presentations by leading academics, judges, bioethicists and health law practitioners, and major conferences.