Fizzled out: NYC's soda ban overruled by final appeals court

June 27, 2014

The proposed ban on large soda drinks in New York City, first introduced in 2012, has officially been overruled. New York State’s Court of Appeals refused to reinstate the ban Thursday, saying the city's health department "exceeded its scope of regulatory authority," according to the New York Times.

The proposal, introduced by former Mayor Michael Bloomberg's administration, prohibited the sale of sugary drinks sold in cups 16 ounces or larger. The ruling exhausts the city's three appeals.

Bloomberg has argued that the proposed ban would help save lives. In the fall, he tweeted "NYC's new sugary drink policy is the single biggest step any gov't has taken to curb obesity."

Current Mayor Bill de Blasio said he was "extremely disappointed" by the ruling, and promised to review other ways to combat obesity.

The court's decision Thursday came by a 4-to-2 vote.

NRA applauds decision

The National Restaurant Association called Thursday's ruling a victory NYC's restaurants and suppliers. It was joined by the American Beverage Association and other groups in filing the lawsuit challenging the ban.

"This is an important victory for the thousands of restaurant operators and industry suppliers serving New York City who would have experienced financial hardships had the ban been enacted," NRA CEO Dawn Sweeney said in a news release. "We are pleased that this final ruling recognized that the Board of Health exceeded its authority when it initially passed the ban. As we have said, we look forward to working with public health officials to engage in a constructive dialogue that will have a positive and sustained impact on the people of New York City."

Topics: Health & Nutrition, National Restaurant Association, Operations Management

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