Court Won't Reinstate New York City's Big-soda Ban

Thursday, 26 Jun 2014 11:36 AM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

Guzzlers prevailed Thursday as New York's highest court refused to reinstate New York City's ban on the sale of big sodas, ruling that the city's health department overstepped its bounds when approved the 16-ounce cap on sugary beverages.

The court largely ignored the merits of the ban in the 20-page ruling but determined the city's Board of Health engaged in policy-making, and not simply health regulations, when it imposed the restrictions on restaurants, delis, movie theaters, stadiums and street cart vendors.

ALERT: GMO Foods: It's Worse Than We Thought...

"The Board of Health engaged in law-making beyond its regulatory authority," the opinion reads. "... It is clear that the Board of Health wrote the Portion Cap Rule without benefit of legislative guidance."

The city had hoped Thursday's ruling would overturn a lower court's decision that blocked the restrictions after restaurants, theater owners, beverage companies and small stores sued.

In oral arguments earlier this month, attorneys for the city argued that sugary drinks are the largest source of added sugar in the American diet. They argued the restrictions were based on science, and weren't a true ban, only a limit on cup size.

Several judges on the Court of Appeals questioned where the board would draw the line.

Judge Eugene Piggott Jr. asked whether triple-decker burgers would be next. Judge Victoria Graffeo questioned the limit in light of exclusions like mixed coffee drinks loaded with more than 800 calories.

According to the American Beverage Association, New York City is the only jurisdiction attempting such a restriction, though several others around the country have tried and failed to impose special taxes on sugary drinks.

Urgent: Assess Your Heart Attack Risk in Minutes. Click Here.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Fla. Lawmaker Wants D'Souza's 'America' Shown in Schools

Friday, 25 Jul 2014 22:51 PM

A Florida state lawmaker plans to introduce a bill making conservative filmmaker Dinesh D'Souza's new movie, "America,"  . . .

PETA Paying Overdue Detroit Water Bills for People Who Go Vegan

Friday, 25 Jul 2014 21:37 PM

Amid angry protests over Detroit's effort to shut off delinquent water customers, People for the Ethical Treatment of An . . .

Wiki Blocks House Staffers After 'Disruptive' Edits

Friday, 25 Jul 2014 21:33 PM

The user-generated Web encyclopedia Wikipedia has blocked anonymous edits from some House staffers and lawmakers for 10  . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved