NYC's soda ban ruled unconstitutional by appeals court

July 30, 2013

New York City's "soda ban" was ruled unconstitutional today by a state appeals court.

The proposal, introduced by Mayor Mike Bloomberg and approved by the NYC Board of Health in September 2012, was written to ban the sale of sweetened beverages, 16 ounces or larger, to help curb rising obesity rates.

In March, a New York State Supreme Court justice invalidated the proposal, calling it "arbitrary and capricious."  The city appealed, which led to today's ruling upholding that lower court's decision.

According to Reuters, the unanimous decision from the state Supreme Court's Appellate Division called the ban a violation of the "state principle of separation of powers."

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Topics: Food & Beverage , Health & Nutrition , Operations Management

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