Is NYC's big-soda ban racist?

NAACP sues to stop Mayor Bloomberg's plan


This is a rush transcript from "The Five," January 24, 2013. This copy may not be in its final form and may be updated.


DANA PERINO, CO-HOST: You're disgusting.

GUTFELD: That is a disgusting, sick song.

PERINO: Can I do my segment?


PERINO: Because we're going to talk about you, actually.

GUTFELD: All right.

PERINO: So, we're going to talk about soda ban that is about to go in effect in New York City but it has new opposition that used to be for it. They were against it -- they were for it before they were against it. We're going to tell you about that in a second.

But can we start with this? Because there's a new study done by Daniel Callahan -- he's a senior research fellow at the Hastings Center. He put out a paper this week. See how skinny he is.

He thinks it's maybe time to start shaming people who are overweight, obese, fat. That is the only way to get people to take care of themselves and prevent diseases that are caused by obesity.

Now, Greg --


PERINO: -- do you have any experience you want to share?

GUTFELD: First of all, can I just point out that -- why all bioethicists are jerks? Everyone -- they are talking about euthanasia. This guy is basically talking about bullying fat people.

If you replaced obesity with promiscuity, how quickly would he be fired if you went after a sector participating in high-risk sexual behavior, he would not have a job. The point is, though, fat shaming is bullying and fat shaming works, as you see in the photo of me from "Red Eye" perhaps four years ago.

I changed because of all the mail I was getting calling me a fat --

ERIC BOLLING, CO-HOST: All the what?

GUTFELD: They call me fat neck freak.

BOLLING: All the what?



GUTFELD: Oh, I get. You're making a practical joke.

BOLLING: First go to, "Hey, good looking, what you got cooking" a disgusting song?

GUTFELD: Well, back then, what could it mean? "Hey, what you got cooking" wasn't about food. Open your eyes. Who am here on the show with?


PERINO: I think fat-shaming is completely wrong.

But how much weight did you lose?

GUTFELD: I lost like 40.

PERINO: Why were you surprised last week when you got the call to be a spokesperson for weight loss product?

GUTFELD: Because I didn't think they knew that.

BOLLING: I know what that was all about. They want you to use you now as the after and they were going to use that photo as before.

GUTFELD: That is corrupt and genius.

BOB BECKEL, CO-HOST: You lost weight because of the letters you got?

GUTFELD: After a while, you get tired of people -- I know --

BECKEL: I get 90 percent of my tweets starts off you fat -- goes from there. It doesn't shame me. This guy can put up all the things he wants, I don't care one way or another. Screw him. I mean --

GUTFELD: Not like the way I look. I shame myself.

PERINO: Isn't there enough pressure we put on ourselves rather than having a bioethicist say, hey, try to shame your neighbor into losing weight?

BOLLING: Let me ask you this, Dana, is it OK to shame your neighbor to pay taxes?

PERINO: It's OK to shame your neighbor to tell their dog to stop barking. I don't have any personal experience.

ANDREA TANTAROS, CO-HOST: I don't think it works at all, fat-shaming. If you shame somebody, they're just going to go home and eat more because they feel bad about themselves. I think they need to come to the realization on their own, like you did.

BECKEL: This guy said cigarettes, people were shamed not smoking cigarette. People stopped smoking because the health warnings were so dire they got off of them.

PERINO: You know, one thing that works better is incentives. Some health insurance plans give incentives to people, they will pay for the gym membership or if you go in and you get a regular checkup and you lost a certain amount of weight, you get your money back. I mean, I think the incentive for one, once you start losing weight, you would feel better, that works.

GUTFELD: Where is this leading is another rights group. You're going to have people, they're not going to be called fat. They're going to be called large, able people.

PERINO: So, this is coming, the fat people class action lawsuit is definitely coming, which is why you had Coca-Cola two weeks ago, this is what I think. Remember when they did that anti-obesity ad. And it was like sort of the pre-apology for the obesity problem? That I think was the beginning of what you're going to see as the new rights group.

BECKEL: There's already a right one.

BOLLING: Bob thinks that is the, I don't know, the first shot in the big lawsuit that is going to come by some group --

PERINO: By some group, we'll figure it out.

BECKEL: There is a group to defend fat people.

PERINO: Can I ask -- can we take the other topic and bring it up really quick? Because, Bob, I would like your opinion on this. So, the NCAA, they initially stood with Michael Bloomberg when he announced his New York soda ban. But now, they joined lawsuit against the city, King & Spalding, is the law firm. Big soft drink companies, got NAACP to stand with them, in the lawsuit, saying that the ban is racist.

BECKEL: Well, here is the problem, the conflict with NAACP. They have received a lot of money from soft drink industry for other things they are doing.


BECKEL: And some of their programs also were funded. King & Spalding is doing this pro bono for NAACP. I think that they should really step back here a little bit and let somebody else take it, who does not have a direct conflict with the soft drink industry.

BOLLING: Why does the NAACP get money from soft drink companies?

BECKEL: Because they give -- Coca-Cola gives enormous money for research.

PERINO: They're saying like for research, but also they run fitness programs, after-school programs in urban centers.

TANTAROS: This law isn't racist. It's stupid. This is one of the dumbest thing that Bloomberg has ever done.

I mean, look, I like to see these groups going after each other. The Dem on Dem violence is always fun to watch. But this law is just dumb, period. I mean, it's one of Bloomberg's I think dumbest accomplishment.

PERINO: Greg, last thought?

GUTFELD: Yes. You know, this really hurts -- the big soda ban hurts small people like Dana who use the big gulp cups to bathe in when travelling.

PERINO: It's very handy.

GUTFELD: It really is.

PERINO: It's so efficient.


PERINO: The other thing about -- King & Spalding make the point that I think that if they thought this was racist, they should have made it initially. I didn't realize that this law does not apply to places like 7- Eleven. It only hurts the smaller retailer. Who runs the smaller retailer? A lot of people that are trying to work their way up.

BECKEL: Koreans.

PERINO: Not just Koreans but Latinos and --

GUTFELD: Bodegas.

PERINO: Yes, bodega is not a term that's really used outside of --

GUTFELD: Bodega is a 7-Eleven with a cat.


GUTFELD: And it's amazing what kind of meal --

BECKEL: And flower shop somehow stay together in the middle of --

TANTAROS: They are awesome.

GUTFELD: Yes. But you can -- try to make a dinner at bodegas. It's great. You get a tiny jar of miracle whip and travel bottle of scope.

PERINO: There is nothing you can't get at one of these bodegas.


BOLLING: There's one product, one thing you can buy at a bodega you can't buy anywhere else at the country and they're called onesies, is that what they are called? One cigarette at a time.

GUTFELD: I thought you were referring to what I'm wearing.

BOLLING: Was it?

PERINO: Lucy, camera three, with the answer. Right.

Content and Programming Copyright 2013 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2013 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.