Judges: New York can't limit soda sizes
By The Associated Press
Published: Tuesday, July 30, 2013, 7:45 p.m.
NEW YORK — New York City's crackdown on big, sugary sodas is still on ice.
A mid-level state appeals court ruled on Tuesday that the city's Board of Health exceeded its legal authority when it voted last year to put a 16-ounce size limit on high-calorie soft drinks served in restaurants, theaters, stadiums, sidewalk food carts and many other places.
In a unanimous opinion, a four-judge panel of the state Supreme Court Appellate Division said that while the board has the power to ban “inherently harmful” foodstuffs from being served to the public, sweetened beverages don't fall into that category. Soda consumption is not necessarily harmful when done in moderation, the court wrote, and therefore “cannot be classified as a health hazard per se.”
The panel didn't address whether the size limit would have infringed on personal liberties, but said that in adopting it, the health board improperly assumed broad lawmaking powers given only to legislative bodies, like the City Council.
Mayor Michael Bloomberg, the driving force behind the regulation, promised a quick appeal.
“Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” he said in a statement.
The American Beverage Association, which had been among the groups challenging the rule, applauded the ruling, which was the second to find that the Board of Health had overstepped its authority. A lower court ruling in March kept the regulation from taking effect.
“With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City,” said Beverage Association spokesman Christopher Gindlesperger.
New York's effort to cap soda portions has drawn praise from health experts lauding it as a groundbreaking step in America's war on extra weight and ridicule from late-night TV hosts ribbing the mayor as a nutrition nanny.
The drinks limit follows other Bloomberg efforts to nudge New Yorkers into better diets. His administration has forced chain restaurants to post calorie counts on menus, barred artificial trans fats from restaurant fare and challenged food manufacturers to use less salt.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- California man named as bitcoin creator denies involvement
- Former National Security Agency contractor Snowden’s leaks to cost billions, take years to fix
- El Nino could bring relief to U.S.
- Shuster plans oversight for DUI program
- ‘Senior officers should not do that,’ Army leader says in pleading guilty to misconduct charges
- Gillibrand sex assault bill halted by fellow Democrat
- House foils Obama’s new power plant limits on carbon pollution
- Sex-crimes prosecutor accused in groping
- Crisis stymies Obama getaway
- ‘Drug czar’ cleared to lead Border Patrol
- Mummified remains found in foreclosed home