Two state representatives, Jack Sprat and Tom Thumb, will be introducing bills next month to address what they call the obesity epidemic in your state.Sprat and Thumb's proposed law would regulate how individual servings of soft drinks and snack foods would be sold at movie theatres, sporting events and fast food restaurants.It limits the number of calories permitted in any individual serving of food or drink. Under this law, no single serving of any soft drink can exceed 250 calories, and no single serving of any snack food can exceed 350 calories. Consequently, popular 'supersizes' of soft drinks, popcorn, fries, candy bars, etc. could no longer be sold. Only smaller single servings that meet the calorie limitation could be sold in these places. Anyone who sells food or drink in violation of this law will be fined $2,000 per sale.

Whether the state government has the right/power to regulate the individual servings sizes of soft drinks and snack foods sold at movie theatres, sporting events and fast-food restaurants?

Argument for the law- states have police power and the rational bias review

argument against the law- breach of the 14th amendment, a person has the right to choose how much they eat and drink.

should I also include something about the tax business would get if they serve larger portions? would that be an over step of police power? or because in article 1 section 8 clause 1: give congress the power to tax not states.

in an argument that it is okay for the $2,000 charge, states are able to fine business, so they would just have to phrase it as a fine not as a tax.