Many question Bloomberg's support of donuts day after drink ban talk

NEW YORK

That has many asking if it is hypocritical following the drink ban to battle obesity.

"I find it very ironic...It's a little hypocritical," said

Among those devouring donuts, the idea of controlling what people put in their mouths is not sitting well.

"You can't delegate with what people do with their bodies," said

Several Mayoral candidates don't support the super size law over big sweet drinks.

Assembly Speaker Sheldon Silver is not going to introduce a similar ban in the legislature.

7-11 Big Gulps would be exempt because 7-11 follows state regulation.

Meanwhile the Mayor is not suspending his battle even on the day of the donut.

The Mayor said he doesn't want to cut back on what people drink, but just make people think about it before they do it.

The ban, which could take effect as soon as March, would not apply to drinks sold in grocery or convenience stores that don't serve prepared food. Establishments that don't downsize would face fines of $200 after a three-month grace period.

The proposal requires the approval of the city's Board of Health - considered likely because its members are all appointed by Bloomberg.

Under the three-term mayor, the city has campaigned aggressively against obesity, outlawing trans-fats in restaurant food and forcing chain restaurants to post calorie counts on menus. The mayor has also led efforts to ban smoking in the city's bars, restaurants, parks and beaches.

Bloomberg often cites the city's rising life expectancy numbers as proof the approach is working, but his efforts have drawn criticism from others who accuse him of instituting a "nanny state."

His administration has tried other ways to make soda consumption less appealing. The mayor supported a state tax on sodas, but the measure died in Albany, and he tried to restrict the use of food stamps to buy sodas, an idea federal regulators rejected.

City Hall's latest proposal does not require approval beyond the Board of Health, although public hearings will be held.

The Associated Press contributed to this report.

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