Posts Tagged ‘ soda ban ’

Judge Strikes Down NYC’s Sugary Drink Ban

Tuesday, March 12th, 2013

A New York State Supreme Court judge has issued a decision striking down New York City Mayor Michael Bloomberg’s ban on large sugary drinks.  In a move that is sure to get families talking about the relationship between sugary beverages and childhood obesity–and the government’s role in regulating both–State Supreme Court Justice Milton Tingling said that the rule is invalid because it isn’t applied consistently.  More from The Associated Press:

‘‘The loopholes in this rule effectively defeat the stated purpose of this rule,’’ Tingling wrote in a victory for the beverage industry, restaurants and other business groups that called the rule unfair and wrong-headed.

In addition, the judge said the Bloomberg-appointed Board of Health intruded on City Council’s authority when it imposed the rule.

The city vowed to appeal the decision, issued by New York state’s trial-level court.

‘‘We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal,’’ Bloomberg said. He added: ‘‘One of the cases we will make is that people are dying every day. This is not a joke. Five thousand people die of obesity every day in America.’’

For now, though, the ruling it means the ax won’t fall Tuesday on supersized sodas, sweetened teas and other high-sugar beverages in restaurants, movie theaters, corner delis and sports arenas.

‘‘The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban,’’ the American Beverage Association and other opponents said, adding that the organization is open to other ‘‘solutions that will have a meaningful and lasting impact.’’

The first of its kind in the country, the restriction has sparked reaction from city streets to late-night talk shows, celebrated by some as a bold attempt to improve people’s health and derided by others as another ‘‘nanny state’’ law from Bloomberg during his 11 years in office.

Image: Sodas, via Shutterstock

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Soda Industry Sues Over NYC Soda Ban

Monday, October 15th, 2012

A new regulation in New York City that would limit the size of soft drinks to 16 ounces or fewer is the subject of a lawsuit filed late last week by a restaurant group and members of the soda industry.  The New York Times reports:

“Legal action was widely anticipated from the soft-drink industry, which led an aggressive campaign this summer portraying [New York City Mayor Michael] Bloomberg’s plan as an affront to consumer freedom and has frequently opposed local regulations of its products.

The 61-page filing offers a detailed rebuttal to Mr. Bloomberg, arguing the soda restrictions are a form of de facto legislation, enacted by “executive fiat,” which should have been considered by the City Council. The plaintiffs say the rules represent “a dramatic departure” from the traditional role of the health department, and they are asking a judge to reject the size limits before they are put into effect.

The mayor’s chief spokesman, Marc La Vorgna, rejected those arguments on Friday, calling the lawsuit “baseless.” City health officials have argued that the plan can help curb runaway obesity rates in the city, where more than half of adults are overweight or obese.

“The Board of Health absolutely has the authority to regulate matters affecting health, and the obesity crisis killing nearly 6,000 New Yorkers a year — and impacting the lives of thousands more — unquestionably falls under its purview,” Mr. La Vorgna wrote in a statement.”

Image: Soda bottles, via Shutterstock

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