Reuters: U.S.: Appeals court upholds ruling that halted NYC's large-soda ban

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Appeals court upholds ruling that halted NYC's large-soda ban Jul 30th 2013, 15:55 Benjamin Lesczynski, 8, of New York, takes a sip of a ''Big Gulp'' while protesting the proposed ''soda-ban,'' that New York City Mayor Michael R. Bloomberg has suggested, outside City Hall in New York July 9, 2012. Credit: Reuters/Andrew Burton NEW YORK | Tue Jul 30, 2013 11:55am EDT NEW YORK (Reuters) - New York City's plan to ban large sugary drinks from restaurants and other eateries was an illegal overreach of executive power, a state appeals court ruled on Tuesday, upholding a lower court decision in March that struck down the law. The law, which would have prohibited those businesses from selling sodas and other sugary beverages larger than 16 ounces, "violated the state principle of separation of powers," the First Department of the state Supreme Court's Appellate Division said in a unanimous decision. The decision was a blow to Mayor Michael Bloomberg, who had advanced the pioneering regulation as a way to combat obesity among city residents. Beverage makers and business groups, however, challenged it in court, arguing that the mayoral-appointed health board had overstepped its authority when it approved the law. A four-judge panel at the appeals court agreed, finding that the board had gone beyond its power to regulate public health and usurped the role of the legislature. In particular, the court focused on the law's many loopholes, which exempted businesses not under the auspices of the city's health department. As a result, grocery and convenience stores - such as 7 Eleven and its 64-ounce Big Gulp - were protected from the ban's reach. "The selective restrictions enacted by the Board of Health reveal that the health of the residents of New York City was not its sole concern," Justice Dianne Renwick wrote for the court. "If it were, the 'Soda Ban' would apply to all public and private enterprises in New York City." The American Beverage Association, one of the industry groups that challenged the law, did not immediately comment. State Supreme Court Justice Milton Tingling struck down the law in March, a day before it was to take effect, calling it "arbitrary and capricious." At the time, Bloomberg said the ruling was "totally in error" and expressed confidence that the city would prevail on appeal. The city can still ask the state's high court, the Court of Appeals, to take up the issue, though the court is not bound to do so. "Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic," Bloomberg said in a statement. During his three terms in office, 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. (Reporting by Joseph Ax; Additional reporting by Martinne Geller and Jessica Dye; Editing by Gerald E. McCormick and Kenneth Barry) Link this Share this Digg this Email Reprints

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