Categorized | Civil Justice Update

Appeals court upholds ruling against NYC large soda ban.

 

The announcement by the New York Supreme Court, Appellate Division, First Department that reaffirmed an earlier ruling by a state Supreme Court judge that blocked a ban on large sugary beverages championed by Mayor Michael Bloomberg received widespread national news coverage, appearing in nearly every major publication, as well as on a major nightly news broadcast. Most sources indicate that the unanimous ruling dealt a significant blow to Bloomberg’s initiative, even as the mayor intends to continue appealing the decision.

The ruling from the justices focuses on the law’s loopholes, such as exempting milk-based beverages and businesses not under the jurisdiction of the city’s health department, including, somewhat ironically, large beverages sold at grocery and convenience stores, like 7-Eleven’s 64-ounce Big Gulp.

In its Tuesday night broadcast, NBC Nightly News reported that a New York appeals court “blocked Mayor Bloomberg’s proposed ban on large sugary drinks.” The original court ruled the “proposed 16 ounce limit” was “arbitrary and capricious,” and the appeals court “says it violates separation of powers.”

The New York Times (7/31, A17, Gogolak, Subscription Publication, 1.68M) reports that the unanimous decision by the First Department of the Appellate Division of State Supreme Court in Manhattan dealt a “serious blow to Mayor Michael R. Bloomberg’s hopes of reviving the rule before his term runs out.” The four justices also noted that the proposed law’s “various exceptions and carve-outs in the rule demonstrated that the board was concerned with matters beyond its core mission to improve public health.” The rule was first introduced by Bloomberg in May 2012 as a way to reduce the city’s “runaway obesity rates.” The proposed ban on selling “sweetened drinks in containers larger than 16 ounces” in locations such as movie theaters and stadium concession stands, but vending machines, convenience stores, and beverages like fruit juices and milkshakes would be exempt from the ban.

Furthermo

 

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