The panel said the city board of health acted outside its authority in imposing the ban, which would have prevented restaurants, theaters and food carts from selling sodas and other sugary drinks in excess of 16 ounces. Mayor Michael Bloomberg said he planned to appeal the ruling.
The Wall Street Journal: Bloomberg Loses in Sugary Drinks Fight
A state appellate court on Tuesday unanimously affirmed an earlier decision to block New York City from banning the sale of large sugary drinks in restaurants and other venues, a blow to a public-health initiative that has been among the hallmarks of Mayor Michael Bloomberg's tenure at City Hall (Saul, 7/30).
Los Angeles Times: Appeals Court Rules NYC Ban On Large Sugary Drinks Is Unconstitutional
Dealing yet another blow to Mayor Michael Bloomberg's efforts to reduce obesity in New York City, a state appeals court upheld an March decision by a lower court that Bloomberg's sugary drink ban is unconstitutional. The court wrote that the city's Board of Health "failed to act within the bounds of its lawfully delegated authority," and as a result, the so-called soda ban is unlawful (Lopez, 7/30).
Medpage Today: NYC Soda Ban Continues To Fizzle
New York City's campaign against super-sized sugary drinks continues to fizzle, with an appellate court upholding an earlier ruling that the ban is unconstitutional. The New York State Supreme Court Appellate Division panel in New York City agreed with a lower court decision from March that the city's Board of Health acted outside of its authority when it imposed the limits, which would prevent fast food restaurants from selling sodas and other sugary drinks in excess of 16 ounces. The ban would have applied to stores regulated by the city health department, including chains such as Dunkin' Donuts and Subway, but grocery stores and bodegas would have been exempt (Fiore, 7/30).