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Big Soda Ban Ruled Unconstitutional

New York City's ban on sugary beverages was struck down in appeals court Tuesday.

Close-up of straw inserted in plastic lid

Photo: Bill Salek (flickr)

The ban had included a number of exemptions, including alcoholic beverages and drinks sold at sporting events.

Tuesday, an appeals court ruled that NYC’s Board of Health overstepped its bounds and acted “too much like a legislature” when attempting to ban sugary drinks over 16 ounces.

The First Department of the state Supreme Court Appellate Division said the ban violated the constitution by not recognizing proper separation of power.

Judges from the appeals court argued that since drinking sugary drinks in moderation does not contribute to added health risks, the Board of Health wasn’t protecting health concerns, but political ones.

Mayor Michael Bloomberg disagrees, promising a swift appeal of the decision.

Bloomberg’s proposed rules, backed by the City Council, sought to cap the size of soda and other full-sugar beverages at restaurants, delis, fast food chains and movie theaters.

Read More:

  • Appeals court strikes down NYC ban on large sodas (CBS News)
  • Appeals court cans N.Y.C soda ban (Politico)
  • Bloomberg’s ban on big sodas is unconstitutional: appeals court (Reuters)
Liz Leslie

Liz Leslie is a journalist based in Chicago. When she's not writing about food, she's likely eating food. Or dreaming about food.

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