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Issue Date: Vol. 53, No. 11, November 2013, Posted On: 10/22/2013

NY Court To Hear Bloomberg's Soda Ban Appeal

Emily Jed
TAGS: soda ban, New York Court of Appeals, Bloomberg sugary drink ban, NYC Board of Health, Bloomberg drink appeal, sugary drinks

NEW YORK CITY -- The New York Court of Appeals agreed on Oct. 17 to hear Mayor Michael Bloomberg's appeal of a ruling striking down a ban on large sugary drinks in the Big Apple.

The regulation, proposed by the mayor in May 2012, would have imposed a 16-fl.oz. limit on the size of sugary drinks sold at restaurants, movie theaters, sports venues and street carts.

The American Beverage Association and other industry groups sued the city over the ban. A judge ruled in March, just a day before it was to take effect, that the new law was illegal.

A state appeals court agreed in July that the city's Board of Health had overstepped its authority when it approved the regulation. It also noted that loopholes would have exempted grocery and convenience stores as well as high-calorie milkshakes and coffee drinks, such as Starbucks Frappuccinos.

Bloomberg said he is confident the state's top appeals court will overturn the lower-court rulings. The city's lawyers have argued that the Court of Appeals has long recognized that the board of health is not a typical administrative agency, but rather, "an entity with legislative authority."

During his three terms, Bloomberg has made public health a signature issue, prohibiting smoking in restaurants, bars and parks; banning trans fats; and requiring chain restaurants to post calorie counts.

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