I doubt this new tax on soda and energy drinks will ever become law, but paternalist policies like the "soda tax" are something to keep an eye on as the Obama administration's focus turns to health care reform.
When visiting with my dental hygienist last week, she told me that one of the worst things for a person's teeth (especially the teeth of children) is fruit juice. Yet, juice is widely thought to be an appropriate drink for children. Given the nasty effects fruit juice has on our teeth, and given that when consumed in excess it, too, contributes to obesity, why not slap the "soda tax" on juices?
I'm assuming juice is getting a free pass because there are benefits (e.g., Vitamin C) that offset some of the health costs. If this is our rationale, couldn't soda be defended by the same standard? The benefits of soda for responsible adults, in terms of pepping them up, are offsetting a lot of the health costs.
If juice is remaining untaxed thanks to some kind of implicit cost-benefit analysis, why not apply the same standard to energy drinks? Yes, stoners and teenagers drink a lot of Snapple and Gatorade. The overwhelming majority of energy drink consumption, however, comes from the millions of runners and athletes who drink the energy drinks responsibly. Unfortunately, the blunt instrument of an across-the-board "soda tax" doesn't discriminate between the so-called deviants (those exhibiting behavioral anomalies in Behavioral Econ-speak) and the responsible consumers.
What I'm getting at here is the following: Once we head down the road of case-by-case taxation based on paternalist rationales, the line of where to stop becomes blurry and the slope slippery. This, of course, is a point one of my favorite anti-paternalists has been making for quite some time. I wish our legislators were reading more of his work.
ADDENDUM: After I posted this entry, one of my students pointed me to this blog about the nanny state in Britain, which is titled "Nanny Knows Best."