State court overturns ban on super-sized drinks

June 27, 2014 Heather Chin
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The state Court of Appeals overturned the city Health Department’s ban on sales of sugary soft drinks larger than 16 ounces in a June 26 ruling that dismantles one of former Mayor Michael Bloomberg’s most prominent—and controversial—victories.

The 4-2 decision upholds a lower court’s 2012 ruling in favor of business owners and beverage companies, who had sued the city for overstepping its legal authority.

The DOH defended its intent, stating that it “will continue to look for ways to stem the twin epidemics of obesity and type 2 diabetes by seeking to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods.

Mayor Bill de Blasio also expressed disappointment, stating that “the negative effects of sugary drink over-consumption on New Yorkers’ health, particularly among low-income communities, are irrefutable” and the city “is actively reviewing all of its options.”

However, in his written explanation of the ruling, Judge Eugene F. Pigott said that, By choosing among competing policy goals, without any legislative delegation or guidance, the Board [of Health] engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York.”

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