TribLIVE

| USWorld


 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

Judges: New York can't limit soda sizes

Daily Photo Galleries

By The Associated Press
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

Most-Read Nation

  1. U.S., Cuba patching torn relations with historic accord
  2. Republican lawmakers vow to block confirmation of any potential ambassador to Cuba
  3. $1.5B more a year — from fees tacked onto phone bills — earmarked for faster Internet
  4. Study: At least 786 child abuse victims died despite being on protective services’ radar
  5. Supreme Court says Arizona cannot withhold licenses from young immigrants who entered illegally
  6. Lifting limits on Cuba a boon for U.S.
  7. Sony bows to threats, cancels Dec. 25 release of ‘The Interview’
  8. End ‘mindless’ military spending caps, Aerospace Industries Association says
  9. Fracking essentially banned in N.Y.
  10. Castle doctrine doesn’t hold up in Montana murder case
  11. Congress’ legacy: Way worse than ‘do-nothing’ one of 1947-48
Subscribe today! Click here for our subscription offers.