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New York’s Ban on Big Sodas |
Rejected by Final Court
DGS el doe Ua ago
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CASE OVERVIEW
New York Mayor Michael Bloomberg's proposed ban on the sale of sodas and other such
beverages larger than 16 ounces at restaurants, movie theatres, and street carts elicited mixed
reactions from the public.
‘The proposed ban was the consequence of research studies that indicated that the
consumption of beverages had increased among children and adults, and this was a
contributing factor to the increasing levels of obesity among Americans,
‘Now York's Ban on Bg Sodas Rejected by Final Court,New York's Ban on Big Sodas
Is Rejected by Final Court
Michael M. Grynbaum
The Bloomberg big-soda ban is officially dead.
‘The state's highest court on Thursday refused to
reinstate New York City’s controversial limits on sales of
jumbo sugary drinks, exhausting the city’s final appeal
‘and dashing the hopes of health advocates who have
Urged state and local governments to curb the
consumption of drinks and foods linked to obesity.
In a 20-page opinion, Judge Eugene F. Pigott J. of the
New York State Court of Appeals wrote that the city's
Board of Health “exceeded the scope ofits regulatory
authority’ in enacting the proposal, which was.
championed by former Mayor Michael R. Bloomberg,
Judge Pigott wrote that the complexity of the proposal
‘and its reach into the everyday lives of millions meant
that the City Council ought to address it instead.
The ruling was a major victory for the American
soft-drink industry, which had fought the plan. Two
lower courts had already ruled against the city, saying
it overreached in trying to prohibit the sale of sugary
drinks in containers larger than 16 ounces.
The court's 4-to-2 decision could also have larger
implications for city agencies like the Board of Health in
their ability to generate high-profile initiatives that can
withstand legal challenges.
In blistering dissent of the opinion, Judge Susan P. Read
‘wrote that the ruling ignored decades of precedent in
which the board was given broad purview to address
public health matters, such as regulating the city's water,
supply and banning the use of lead paint in homes. The
opinion, Judge Read wrote, ‘misapprehends,
mischaracterizes and thereby curtails the powers of the
New York City Board of Health to address the public
health threats of the early 21st century.”
But in the majority opinion, Judge Pigott drew a sharp
distinction between the soda proposal and past
initiatives of the board, such as banning trans fats in
restaurants, He wrote that those earlier policies had a
more direct link to the health of the public and
represented “minimal interference with the personal
autonomy” of New Yorkers.
That did not quell the concerns of some legal experts.
“it casts a cloud over the ebility of administrative
agencies to engage in innovative forms of regulation,
said Richard Briffault, a law professor at Columbia who
filed a brief supporting the city.
Robert Bookman, a lawyer who frequently sues the city,
praised the ruling. ‘Under Mayor Bloomberg, the Board of
Health seemed to feel that its power was unlimited,” Mr.
Bookman said. “Now they know they are no different than
any other administrative agency.”
Mayor Bill de Blasio, a frequent critic of Mr. Bloomberg but
2 supporter of the soda proposal, said he was ‘extremely
disappointed’ by the ruling. The mayor said he would
review other options for the city to combat obesity, but his
team did not immediately specify what steps might be
taken,
Aides to the mayor said Mr. de Blasio would consider
introducing legislation in the Council, the route
recommended by the judges. But thet approach is not
likely to go far: The Council speaker, Melissa
Mark-Viverito, opposes the proposal, and she said on
‘Thursday that she was pleased with the court's decision,
Mr. Bloomberg's proposal, which polls showed was
opposed by a majority of New Yorkers, set off a global
debate over soda consumption. It also prompted panic
among powerful beverage companies, who feared that
their products could be widely branded as a threat to
Public health,
Questions about the workability of the plan were raised
from the start. Because of jurisdictional quirks, not all
businesses involved with selling food and beverages
would have been affected. The rules would have covered
places like fast-food franchises, delis and movie theaters,
but convenience stores and grocery markets would have
been exempt. And while the limits would have applied to a
broad menu of popular drinks, there were many
exceptions, including milkshakes, fruit juices and
alcoholic beverages.
‘The soft-drink industry, through lobbying and
public-relations campaigns, has helped defeat soda taxes
and other regulatory measures in states and
municipalities around the country. After Mr. Bloomberg
announced his plan in May 2012, the industry poured
millions of dollars into an ad campaign that framed the
proposal as infringing on consumer freedom.
‘The American Beverage Association, the industry's trade
group, said in a statement that it was “pleased” with the
Court of Appeals ruling, saying the proposal "would have
created an uneven playing field for thousands of small
businesses in the city and limited New Yorkers freedom of
choice."
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