WIll it pass? Yes, because it only has to be approved by a board made up of Bloomberg's political appointees.
As to New York being a nanny state? Come out to upstate, live here for a few years, and say that with a straight face.
New York City is NOT New York state, just like New Jersey isn't all Jersey Shore denizens and chemical plants.
As to obesity claims, according to their charts I'm obese. I should weigh about 170 lbs. I did, once, when I had the build of a distance runner. Those days are long gone, I weigh about 205, have for years, I drink soda, eat bacon, drink beer, wine, and other "bad" things, carbs, you name it....
By their charts, I'm obese. However, I challenge anyone to say that to my face and mean it.
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