Annals of Health Law Volume 22 Issue 1 Winter 2013 Article 6 2013 Is Sugar the New Tobacco? How to Regulate Toxic Foods Barbara L. Atwell Follow this and additional works at: https://lawecommons.luc.edu/annals Part of the Health Law and Policy Commons Recommended Citation Barbara L. Atwell Is Sugar the New Tobacco? How to Regulate Toxic Foods, 22 Annals Health L. 138 (2013). Available at: https://lawecommons.luc.edu/annals/vol22/iss1/6 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Annals of Health Law by an authorized editor of LAW eCommons. For more information, please contact law-
[email protected]. Atwell: Is Sugar the New Tobacco? How to Regulate Toxic Foods Is Sugar the New Tobacco? How to Regulate Toxic Foods Barbara L. Atwell* "I have eliminated refined sugar from my diet. ... Ultimately, it's something I can do to decrease my risk of cancer" Introduction In May 2012, New York City's mayor Michael Bloomberg announced a proposed ban on the sale of sugary drinks in excess of 16 ounces at certain establishments like movie theatres, restaurants and other food service facilities.2 This has provoked controversy, with detractors arguing that the proposed ban constitutes governmental interference with the basic freedom to choose what to consume,3 and supporters countering that it is a creative public health initiative.4 *Associate Professor of Law and Director of Diversity Initiatives, Pace Law School. I am grateful to Andrew B. Hurst for his assistance with this article.