Court Upholds Decision Striking Down Bloomberg’s Soda Ban

by Lindsey Grudnicki

A Manhattan court of appeals has upheld the March ruling that blocked Mayor Michael Bloomberg’s attempt to prohibit the sale of sugary drinks in containers larger than 16 ounces.

The unanimous panel of the New York State Supreme Court’s Appellate Division, First Department, agreed with Justice Milton Tingling’s decision that the New York City Board of Health was not authorized to ban large sodas from being sold in restaurants, theaters, and stadiums.

The four-judge appeals court ruled that the Board of Health “violated the state principle of separation of powers” in approving Bloomberg’s proposal and “overstepped the boundaries of its lawfully delegated authority when it promulgated the Portion Cap Rule to curtail the consumption of soda drinks.” (The proposal, this decision and the previous one explained, would have had to go through the relevant legislature — in this case, the city council.)

The city government plans to challenge the decision in Albany before the state’s highest court. The controversial proposal to restrict beverage sizes has prompted criticism from beverage companies and businesses alike over the past year, as well as from consumers and citizens.

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