Court upholds block of large soda ban
July 30, 2013
by Ron Sterk
KANSAS CITY — The First Department of the state Supreme Court’s Appellate Division on July 30 unanimously upheld a lower court’s ruling that blocked the New York City Board of Health from banning the sale of large sugary drinks in the city.
“The Board of Health overstepped the boundaries of its lawfully delegated authority when it promulgated the (ban) to curtail the consumption of soda drinks,” the Appellate Court said. “It therefore violated the state principle of separation of powers.” The court said such “far-reaching” actions were matters that should be dealt with by the City Council or State Legislature.
The ban, which had been proposed in May 2012 and pushed forward by New York Mayor Michael Bloomberg, would have affected the sale of certain “sugary drinks” larger than 16 oz in certain retail outlets as an effort to combat obesity and diabetes. It was struck down by a state Supreme Court judge on March 11, 2013, the day before it was set to go into effect.
Mr. Bloomberg called the ruling a “temporary setback” and said he would appeal to the Court of Appeals, New York’s highest court, according to press reports.