Constitutional Law

Supersize sugary soda ban exceeded NYC health board's powers, state appeals court says


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A New York Supreme Court judge got it right earlier this year when he invalidated a New York City ban on selling soda and other sugary drinks in cups over 16 ounces, a state appellate court held Tuesday.

“Like Supreme Court, we conclude that in promulgating this regulation, the Board of Health failed to act within the bounds of its lawfully delegated authority. Accordingly, we declare the regulation to be invalid, as violative of the principle of separation of powers,” said the Appellate Division, First Department, in its written opinion. The decision was unanimous, the New York Law Journal reports.

Mayor Michael Bloomberg promised a further appeal to the state’s highest court, Fox News reports.

“Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” he said in a written statement.

Reuters and USA Today also have stories.

See also:

ABAJournal.com: “NYC Bans Supersize Sugary Drinks at Restaurants and Theaters; Juice, Booze Among the Exceptions”

ABAJournal.com: “Sweetened beverages are dangerous, need FDA regulation, say public health officials”

ABAJournal.com: “Judge nixes NYC ban on big, sugary drink sales, calling it ‘arbitrary and capricious’”

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