Photo: Santos Gonzalez (flickr)
The New York State Court of Appeals on Thursday decided 4 to 2 against the city’s request to reinstate a 16-ounce limit on sugary beverages served at restaurants, sports stadiums, movie theaters and bodegas.
The city’s Board of Health passed the rule in 2012, but beverage companies sued the city, claiming loss of business would hurt low-income families. An appeals court last year decided that the ban violates the state’s constitutional separation of legislative power.
The state’s highest court decided the health department lacked regulatory authority to enact the soda ban, with one judge stating such a proposal should come through the City Council.
Former Mayor Michael Bloomberg touted the ban as part of a wider health campaign to tackle high obesity rates in the city. Successor Bill de Blasio has vowed to take up that cause.
“Due to today’s unfortunate ruling, more people in New York City will die from obesity-related impacts,” Bloomberg said in a statement on Thursday.
The decision could take the fizz out of other city agency proposals, like limits on access to alcohol, caps on sodium, or green initiatives such as a proposed requirement to compost organic household waste. The city successfully imposed health initiatives such as a ban on trans fats and a requirement to display calorie counts on menus.