Legal News

New York’s Big Soda Ban Challenged by Business Groups
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

On Friday, Bloomberg reported that industry groups including the American Beverage Association, the National Restaurant Association, and the National Association of Theatre Owners of New York State have filed an Article 78 petition at the New York State Supreme Court against NYC’s Big Soda ban. In the petition filed on Thursday, the petitioners termed the New York city’s Board of Health’s ban on large sugary drinks as “unprecedented interference” with consumer choice. The petition claimed that the city authorities had overreached themselves in imposing the ban and were ignoring the rights of citizens to make their own choices.

The petition alleges, “The ban at issue in this case burdens consumers and unfairly harms small businesses at a time when we can ill afford it …. Defendants do not have the legal authority to adopt this beverage ban, and it is arbitrary and capricious in its design and application.”

On the other hand, Marc LaVorgna, a spokesman for the mayor of New York, stated in an e-mailed statement, “The Board of Health absolutely has the authority to regulate matters affecting health, and the obesity crisis killing nearly 6,000 New Yorkers a year — and impacting the lives of thousands more — unquestionably falls under its purview.”


Claiming the lawsuit was expected, LaVorgna wrote, “This predictable, yet baseless, lawsuit fortunately will help put an even greater spotlight on the obesity epidemic, the only preventable public health issue getting worse in America.”

The ban was approved by city authorities following Mayor Michael Bloomberg’s plan to limit the sales of sugary soft drinks to 16 ounces a cup in restaurants, movie theaters, stadiums, and arenas. However, convenience stores and groceries have been kept outside the purview of the ban, which is expected to come into effect from March next year.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!


Interesting Legal Sites You May Like




Search Now

General Municipal Law Attorney with land use experience


Oakland office of our client seeks general municipal law attorney with experience advising public ag...

Apply Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Immigration Attorney with portable business


McLean office is seeking an immigration attorney with $500,000+ in portable business.

Apply Now

Commercial Litigation Attorney with 4+ years of experience


Chicago office of our client seeks commercial litigation attorney with 4+ years of experience. The c...

Apply Now


Litigation Associate (Junior to Mid-Level) - Medical Malpractice - Garden City, NY

USA-NY-Garden City

Defense firm seeking junior to mid-level associate for Garden City office to fill Medical Malpractic...

Apply now



Lang, Richert & Patch a Fresno area AV-rated law firm located in the highly desirable Fig Garden Fin...

Apply now



INSURANCE DEFENSE / TRANSPORTATION LITIGATION Law firm located in North Houston seeking an associ...

Apply now

Hotline & Training Managing Attorney (IMMIGRATION)

USA-NY-New York City

Summary: The Hotline & Training Services Managing Attorney will guide, develop, and supervise the Ho...

Apply now

Most Popular


To Top