1 found dead; Search continues for other missing swimmer

  Eyewitness NewsPERTH AMBOY, N.J. (WABC) -- The summer scorcher is sending thousands of people seeking relief from the blistering heat to the Jersey shore. But with the cool water, the heat and humidity are creating dangerous rip currents.

The search for two missing swimmers resumed Thursday, one day after dozens of people had to be rescued. The body of a 23-year-old Irvington man who went missing off the beaches of Asbury Park was recovered Thursday morning, but crews continued to search for an 18-year-old from Bayonne who vanished in the waters off Seaside Park around 3:30 p.m.

The Asbury Park victim had swam out to save his sister, who was pulled from the water by lifeguards. The heat led to record crowds, and all those extra swimmers kept lifeguards busy. At least 30 swimmers were rescued Wednesday.

A father and son are being called heroes after they saved a little girl and her cousin from the rough currents of the Raritan Bay.

The current pulled the two children out past the pier in Perth Amboy. That's when Hector Hernandez and his son Joshua went in and rescued 9-year-old Laneija Smith and the other child.

"I saw her go down, and that's when I knew it wasn't a joke," Hector Hernandez said. "And that's when I jumped in."

Joshua swam even farther out to save the cousin.

"I seen them jumping up and down, and then I seen them go under, and then they jumped back up one more time and take a breath," he said. "So I just jumped off and went in. I guess it was just instinct. Because I have a little brother, so I would've felt terrible if something happened...I wouldn't call myself a hero. I just did what was right."

Laneija is now in the intensive care unit at St. Peter's University Hospital. Doctors expect her and her cousin to make full recoveries.

"If he didn't have enough courage and step up as a man and go in there and save my daughter, she would not be alive," dad Thomas Smith said.

Officials warn swimmers against venturing too far out. They stress that if you get sucked into a current, do not swim against it. Move with it until you can safely swim to shore.

CLICK HERE TO SEE PHOTOS FROM NEWSCOPTER 7 OVER SEASIDE PARK

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Debate continues over proposed drink ban in New York City

  Eyewitness NewsNEW YORK -- Mayor Michael Bloomberg is proposing a ban on the sale of large sodas and other sugary drinks in the city's restaurants, delis and movie theaters in the hopes of combating obesity - an expansion of his administration's efforts to encourage healthy behavior by limiting residents' choices.

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The proposal - formally announced Thursday in a City Hall briefing - would take 20-ounce soda bottles off the shelves of the city's delis and eliminate super-sized sugary soft drinks from fast-food menus. It is the latest health effort by the administration to spark accusations that the city's officials are overstepping into matters that should be left in the hands of individual consumers.

City officials say they believe such a ban would prove popular with residents and start a national trend. But it already has opponents.

"There they go again," said Stefan Friedman, spokesman for the New York City Beverage Association, who called the proposal "zealous" in a statement. "The New York City Health Department's unhealthy obsession with attacking soft drinks is again pushing them over the top. The city is not going to address the obesity issue by attacking soda because soda is not driving the obesity rates."

But City Hall officials, citing a 2006 study, argue that sugary drinks are the largest driver of rising calorie consumption and obesity. They note that sweet drinks are linked to long-term weight gain and increased rates of diabetes and heart disease.

The administration's proposal would impose a 16-ounce limit on the size of sugary drinks sold at food service establishments, including restaurants, movie theaters, sports venues and street carts. It would apply to bottled drinks as well as fountain sodas.

The proposal drew strong reaction from the Coca-Cola Co.

"The people of New York City are much smarter than the New York City Health Department believes," the company said in a statement. "We are transparent with our consumers. They can see exactly how many calories are in every beverage we serve."

"New Yorkers expect and deserve better than this. They can make their own choices about the beverages they purchase. We hope New Yorkers loudly voice their disapproval about this arbitrary mandate."

The ban would apply only to drinks that contain more than 25 calories per 8 ounces. It would not apply to diet soda or any other calorie-free drink. Any drink that is at least half milk or milk substitute would be exempted.

The ban, which could take effect as soon as March, would not apply to drinks sold in grocery or convenience stores that don't serve prepared food. Establishments that don't downsize would face fines of $200 after a three-month grace period.

The proposal requires the approval of the city's Board of Health - considered likely because its members are all appointed by Bloomberg.

Under the three-term mayor, the city has campaigned aggressively against obesity, outlawing trans-fats in restaurant food and forcing chain restaurants to post calorie counts on menus. The mayor has also led efforts to ban smoking in the city's bars, restaurants, parks and beaches.

Bloomberg often cites the city's rising life expectancy numbers as proof the approach is working, but his efforts have drawn criticism from others who accuse him of instituting a "nanny state."

His administration has tried other ways to make soda consumption less appealing. The mayor supported a state tax on sodas, but the measure died in Albany, and he tried to restrict the use of food stamps to buy sodas, an idea federal regulators rejected.

City Hall's latest proposal does not require approval beyond the Board of Health, although public hearings will be held.

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