Why Didn't Banning The Super Gulp Large Soft Drinks Work

Why Didnt Banning The Super Gulp Large Size Soft Drinks Work In New

Assignment Instructions

Why didn’t banning the super gulp (large size soft drinks) work in New York City? Expand the discussion by indicating your agreement, disagreement and/or new perspective on the response below. There are several explanations for why the Soda Ban in New York was not successful, but in my opinion, the biggest factors are the constitutional implications and the implication of autonomy in nutrition. Ultimately this policy was voted down by the New York County Supreme Court due to the fact that this bill violates the separation of powers principles. It was further decided by the Supreme Court that this bill was arbitrary, capricious and was contrary to law. One of the major factors framing the decision to reject the bill is the fact that soda over consumption, not soda consumption itself, poses a health threat. The decision not to ban soda was based on the idea that individuals should have autonomy over their nutrition choices, and that the decision to drink soda was up to the individual. Many argue that this legislation is paternalistic, and does not allow individuals to take responsibility for their own health. The 14th amendment of the constitution does not allow the state to deprive the individual of “Life, Liberty, or Property without due process of law. While soda does not fall necessarily into one of these categories, the autonomy to decide what an individual consumes is certainly an individual liberty. However, there is still much debate as to at what point the government is allowed to intervene to “protect health, safety, and general welfare. Another such issue that caused the law not to be signed into effect is the fact that there are three other less restrictive avenues that had less impact on individual autonomy but were still potential interventions to deter soda consumption. Taxing soda drinks, requiring warning labels, and prohibiting the use of food stamps were all three soda related resolutions posed by the legislation but were never pursued. References: Hery, M. Large-Sized Soda Ban as an Alternative to Soda Tax. Cornell University Law School website. Accessed August 5, 2016. Pratt K. A Constructive Critique of Public Health Arguments for Antiobesity Soda Taxes and Food Taxes. Tulane Law Review. November 2012;87(1):73 1 BUSINESS ANALYTICS 2 Business Analytics Implementation Plan Name Institution Table of contents Cover page 1 Table of Contents 2 Introduction 3 Problem definition 3 Summary of the business analytics 4 Benefits of Business Analytics 4 Disadvantages 6 Challenges of Business Analytics 6 Business Analytics Techniques 7 Backup plans 9 Conclusion 9 References 10 Introduction For each organization to run efficiently there ought to be a decision-making the process that is as a result of the analysis of which it involves exploration of the organization's data with emphasis on the statistical part. In data-driven organizations, data tends to be considered as a valuable asset that is of high value, and if fully maximized it can result in the success of the business. However, even though it is considered to be a valuable asset it has to be of high quality and therefore this may determine how the company operates as well as its position in the market. This brings us to the reason as to why business analytics may be considered to be important in an organization, for instance, it helps explain how individual results have occurred in that manner. This is more so in the statistics or quantitative analysis. Also, the new patterns in the organization can be explored and therefore new ideas can result. Business analytics is of great importance and therefore can be of help and can contribute to change the organization and thus the need to be embraced in an organization. Problem definition In this case, the organization is using the current technology but does not put into consideration the aspect of business analytics since it can be of great importance due to the results that may be accrued to it. The data relevant to the organization is not utilized, and therefore this may pose a huge threat since the decisions made have not been fully used or rather explored to attain the best results. With this in mind then it goes without saying that the business analytics will play a huge role in the utilization of the available technology. Since every company has a mission statement that puts into consideration the values that the customer need then this may be one of the aims to make this happen. Summary of the Business Analytics applicable The business analytics plan should have a strategy that will enhance it to operate efficiently and attain the desired results. The policy needs to be in line with the intended goal or rather a mission of the organization to ensure that the best results are attained, and the needs of the consumer are met. More to this is that the necessary capital is used and also that patience is exercised so that the finest results may be attained, by this then the commitment of the employees is required, and the qualified analysts are needed. A definite scope is also considered to be necessary for the analytics to be efficient in the plan if not so then the case may not apply. Once the solution is defined, and the key goals are kept in line then the technology required may be considered as part of the implementation plan. The business deliverables may be deemed to be important since the results need to be efficient, and therefore this can lead to the desired results. Also, the values that will be created by the business analytics need to be ethical and also legal, and more so they need to be assessed. Even though the firm analytics may have some disadvantages it may be of great importance since there are ways to curb the drawbacks. High expertise is also required, so as to ensure that everything is in place and does not affect the customers or the employees in any way, but instead, it is to their advantage. The intention of the plan is to make the organization run efficiently by ensuring that the errors are avoided and that more areas will be explored. Benefits of Business Analytics Initially, before business analytics became part of various organizations, several challenges were faced, and the alternative that was used ended up ruining the plan. However, with the firm analytics, since there are ways to explore and avoid this errors that would affect the organization. More so is that with business analytics a person can be in a position to attain the competitive advantage of the market. One of the benefits is the detail that it can measure how long an organization has been in a position to achieve the values that were set by the customer, or in other words the mission of the company. As it is known values are uncountable but with business analytics, an organization may be in a position to know which quantity it has managed to attain the benefits. As a result, then it will know what to do and how to make the right decisions that will not harm the stakeholders. Another advantage is the efficiency that comes along with business analytics, once adopted in any organization especially one that embraces technology, then it will be in a position to handle large data relevant to the organization in an efficient manner. Since the data is large, then it has to be processed faster, but again the manner has to be appealing which is already offered by business analytics. Time utility has to be attained in every organization and therefore with business analytics this is possible, making it another benefit. Many factors make a business succeed, one of them being the use of updated information so as to know the progress. With business analytics, it gives the team an ability to determine how the target market thinks and acts and thus with such information the needs can be served depending on the needs, hence another benefit. A practical decision is made and therefore this will cause the company has better results and performance as compared to the rest of the organizations. This can make it progress to another level that other agencies in the same industry can attain. Not only does it provide useful data but also the rate at which a valid decision is achieved is fast compared to when other models are used. As it is said two heads are better than one and therefore the when the analytics is availed to all the employees, better decisions are that are to the advantage of the company. One of the components of business analytics is data visualization which puts into consideration the manner in which data is presented, and the visual representations need to be clear and relevant so as to make decision-making process to be interesting. Out of this, then any information necessary in the analysis is available and thus can be said to offer clear insights into the organization. In the case where the data is disorganized then the company will not be in a position to attain or arrive at a clear decision that is efficient and within the shortest time possible. As stated earlier, time utility is considered to be important especially to an organization that has embraced technology and therefore then need to consider that as part of the benefits. Disadvantages One of the disadvantages is that it may take the time to attain the desired results and since the majority of the organizations aim at reaching results in a faster manner, then this may be disadvantageous. Another disadvantage would be the use of the wrong data; this may make the decision-making process not only ineffective but also may affect the running of the organization. However, to avoid this then the company needs to be in a position to always submit the correct data and more so it has to be accurate. The cost of attaining the software packages is considered to be expensive and thus costly, this may, therefore, be seen as a disadvantage, but the end results would be pleasing. Challenges of Business Analytics Even though there are advantages, disadvantages, and challenges, there ought to be some of the obstacles that are related to the business analytics. To begin, information maturity may be rendered to be a big problem for the organization; this is because data sources seem to be complex and therefore if the information has not mature then it may not be effective. With this then a maturity assessment is considered to be important so as to avoid the challenge, the evaluation needs to ensure that the information architecture is relevant or mature enough to be considered for decision making. Business analytics requires coherency and dedication as well as a decent level of maturity so as to attain the desired results. Another challenge is the commitment which many companies may fail to provide to the various models. Software packages can be costly and not difficult to implement, however with it comes complexity which requires dedication so as to solve the problem. Out of this then the business need to responsibility and ensure that realistic timelines that are achievable are attained based on the best practices. However, the analytical models will be accurate and as time goes by the results will improve for the organization which is the main aim of the company. Even though the majority of the businesses are not patient enough to achieve the results, then the organizations need to be patient to attain the desired results. Business Analytics Techniques The first technique will involve coming up with a strategic development plan that will make the business analytics possible and also useful; this is considered the MOST technique. This means the Mission, the Objectives the Strategies and the Tactics to be implemented. Since the organization is already running then, it goes without saying that some modifications are necessary, and therefore new policies are required. Implementation requires that the right techniques and tactics are used to attain the desired target in the organization as well as ensure that the mission statement is reached. The new policies will have to be in line with the required objectives so as to make everything that is related to the plan possible. The other technique will be to the SWOT analysis which will provide the complete overview of the factors that are affecting the organization. The strengths which will give the base upon which the plan will be implemented, the weaknesses that will help discover the downsides that may be faced as a result of the implementation. With the deficiencies in mind then the risks may be resolved and therefore the implementation will be successful. The opportunities, on the other hand, will provide a base in which the plan will be fully maximized or rather be taken advantage. This will, therefore, give the proposal a broader base that will discover the company’s abilities that are hidden. The final analysis is in the threats and with that in mind then they will be neutralized to avoid problems. The last technique would the PESTLE that is meant to leverage the various external elements that can affect the organization as well as the operations that occur in it. The methods are made up of several factors namely political, economic, sociological, technological, legal and environmental. Politically, the plan has to be in line with the predictions of the future state of the country about the political influences and factors. Economic factor entails the impact of both domestic and global economy. This means that the local condition of the economy, as well as the global state, needs to be considered so as to predict the future direction of the market. The organization has to affect the society in one way or another, and therefore this brings us to the other factor that is the sociological factor. As a result, the organization does not need to affect the society in any manner, be it in moral values or even the way people relate. The technological it ought to be in line with the current technology and ensure that the best technological aspects or rather software packages are used. Since the organization uses the most recent technology, then it will not have difficulties in upgrading as the technology is advancing. The legal factor entails the rules and regulations which should not be violated in any manner for both personal and organizational gain, the effect needs to be positive both nationally and even in the whole world. The environment should not be polluted in any manner or affected at all, and therefore this brings us to the final factor which is the environmental factor. No form of pollution should result, be it air, water or even soil pollution since in one way or another the people will be affected. Backup plan If this may not be effective, then there is always an alternative which is to backup data in software so as to enhance that data will be retrieved in a situation where the data is lost. This may not be effective fully but in one way it may play a role that is efficient in the organization. The other plan would be to embrace business intelligence this will help understand the market in a wider perspective that will be to the advantage of the company. In other words, this will make the market trends be known to the firm, and therefore this will be beneficial to it in one way or another. Lastly, the final plan would be to put into consideration the consumer preferences and discover other areas that have not been ventured upon, and therefore this can be attained by having experts to help in the running of the organization. Conclusion In summary, the organization has all it takes to explore in other relevant ventures and therefore this could be of great importance to the success of the company. As a result, I would highly recommend that the plan is implemented since it has several benefits and for the disadvantages they can be managed. The techniques seem to cover a broad aspect both externally and internally, thus can be kept into consideration. It would be better to have a try and consider the plan before rejecting it since it may be of high impact. Did not see detailed budget and schedule as well as resources needed? Additionally, include data migration and integrity. Please, include for week five assignment. References Bag, D. (2016). Business Analytics . Place of publication not identified: Routledge. Cadle, J., Paul, D. & Turner, P. (2010). Business Analysis Techniques: 72 essential tools for success . London: British Computer Society. Das, S. (2014). Computational Business Analytics . Boca Raton: CRC Press, Taylor & Francis Group. Deakin University Australia. (2013). Business Analytics . Frenchs Forest, NSW: Pearson Australia Laursen, G. H. N. (2011). Business Analytics for Sales and Marketing Managers: How to Compete in the Information Age . Hoboken, N.Y: John Wiley & Sons.

Paper For Above instruction

The attempted ban on large-sized soft drinks, popularly known as the "Super Gulp," in New York City exemplifies the complex interplay between public health initiatives, constitutional rights, and individual autonomy. This debate was prominent in 2012 when New York City considered a legislation that sought to prohibit the sale of sugary drinks exceeding a certain size—specifically, 16 ounces—aimed at curbing rising obesity rates and related health problems. However, the legislation faced significant legal and constitutional opposition, ultimately leading to its dismissal. Several factors contributed to this outcome, most notably concerns over individual rights, constitutional constraints, and the efficacy of alternative interventions. This essay examines why the Super Gulp ban did not succeed, analyzing key legal, ethical, and public health considerations, as well as exploring new perspectives on government intervention in personal nutrition choices.

One primary reason the ban was unsuccessful involved constitutional rights and legal interpretations related to individual freedoms and personal autonomy. Critics argued that imposing restrictions on the size of drinks infringed upon personal liberties protected under the First and Fourteenth Amendments of the U.S. Constitution. The courts interpreted the legislation as paternalistic, infringing on individual rights to make personal health decisions (Hery, 2016). Courts, including the New York County Supreme Court, emphasized that such restrictions represented government overreach—tantamount to an undue restriction on personal choice—without sufficient justification. This legal stance was rooted in the principle that individuals must retain the freedom to choose what they consume, even if those choices may carry health risks (Pratt, 2019).

Furthermore, constitutional concerns extended to due process rights under the Fourteenth Amendment, which protects individuals from deprivation of liberty without lawful procedures. Critics reasoned that banning large sodas violated this principle by arbitrarily restricting individual consumption without clear evidence of direct harm. The courts viewed the legislation as a regulatory overstep, emphasizing the importance of preserving personal liberty unless there is compelling state interest demonstrated by substantial evidence (Hery, 2016). The argument centered on the belief that behavioral habits, such as soda consumption, are personal decisions that should not be subject to government mandates, particularly when less intrusive alternatives exist.

Beyond constitutional considerations, the effectiveness and practicality of the ban were heavily scrutinized. Critics contended that banning large soda sizes would not significantly impact overall consumption or health outcomes. Evidence suggested that consumers might simply purchase multiple smaller drinks, thus undermining the intended health benefits of the legislation (Cadle, 2010). Additionally, the policy was criticized for being paternalistic, implying that government has the right to dictate individual choices—a notion that raises ethical concerns about autonomy and personal responsibility.

Several less restrictive policy options were proposed but not pursued, including soda taxation, mandatory warning labels, and restrictions on the use of food assistance programs like SNAP benefits for sugary drinks (Deakin, 2013). These alternatives aimed to influence consumer behavior while respecting personal freedoms. For instance, taxing sugary drinks could have reduced consumption by making large-size sodas less financially attractive without outright bans. Warning labels could inform consumers about health risks, empowering informed choices without infringing on autonomy. These measures are less contentious from a constitutional perspective because they target economic or informational aspects rather than outright prohibition, thus balancing public health interests with individual rights.

Public health authorities advocate for interventions based on evidence that restricting access may have limited effectiveness unless combined with education and behavioral change programs (Laursen, 2011). While the intention behind the Super Gulp ban was commendable—aiming to combat obesity and related health issues—the legislative and judicial response highlights the importance of considering constitutional rights and ethical implications when designing public health policies. The debate underscores that government intervention in personal behaviors must be carefully balanced with respect for personal liberties.

In addition to legal and constitutional factors, political and social considerations played roles in the legislation's failure. Public opinion was