To Bernero, this didn't make sense. How could the same schools that were teaching health to children turn around and sell them pop?

So Bernero introduced a bill to address the problem. If passed, HB 5006 will prohibit pop machines in elementary and middle schools, and restrict sales to after-hours in high schools.

"I think it's vital to children's health and well-being," Bernero said.

Try telling that to the school districts that have come to depend on pop sales as a source of revenue. Soft drink companies pay districts big money for letting them set up their machines.

"This is how a good share of our school's extracurricular activities are funded," Jim Ballard, executive director of the Michigan Association of Secondary School Principals, told the Detroit Free Press. "The student council, the chess club, the honor society, the debate club, the French club-this is where they get their funding. And that's critical to our schools."

Bernero doesn't buy it. Funding is an issue, yes, but pop is not the answer. And he's equally unimpressed with another argument schools make-that children's rights to choose must be protected.

"Now that it's there, the kids are used to it, so school districts hide behind the idea of choice," Bernero said. "But the reality is that kids never asked for this. It was brought in as a revenue enhancement. And it has a serious negative impact on our children's health. To me.it's not worth the trade-off."

What exactly are the health risks? Bernero refers to several. He says Michigan has one of the most serious child obesity problems in the U.S. More and more children are afflicted with Type 2 diabetes, which until ten years ago was only seen in adults. And osteoporosis is becoming a concern, not only because children are choosing pop over calcium-rich milk, but also because there is evidence that the phosphoric acid in pop might affect the way bones absorb and retain calcium.

Bernero has received e-mails from teachers around the state who say they've seen the effects of sugar and caffeine on children.

"They use the term 'bouncing off the walls,'" he said. "Our priority should be the academic environment and the health of our children."

Currently, the bill is stalled in the House. In the meantime, Bernero is working on some new strategies. Since choice is so important to school administrators, he wants to require them to place a milk machine beside every pop machine. And he is also working on legislation that would apply sales tax to pop in order to help pay for education. He believes that pop should not be exempted from sales tax like other foods, because it has no nutritional value.

Whatever the specifics of the final outcome, Bernero knows it will be a long struggle. In a way, he's David against Goliath, or Erin Brockovich vs. Pacific Gas and Electric. He's just a rookie state rep, and the pop industry is one of the richest in the world. Not only does it fund research that concludes pop is, in fact, quite good for you, but it also has a powerful lobby in Michigan, so even though a lot of politicians agree with Bernero privately, they are still reluctant to take a stand. However, he's confident that the tide will turn.

"It takes time for the political system to catch up with the public, but I think [this issue] is part of the overall increasing focus on health," he said.

"I think this is going to be a long battle, but I think we will win. When you start off being right, that helps a lot. And I just think this is right."

By the way: Bernero was elected State Senator of the 23rd District on Nov. 5, 2002.