Legal News

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

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.”

  
What
Where


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!!






 

RELEVANT JOBS

Staff Attorney- Public Benefits

USA-CA-Bakersfield

Greater Bakersfield Legal Assistance, Inc.  (GBLA), a non-profit law firm that provides free ci...

Apply now

Staff Attorney- Community Homeless Law Center

USA-CA-Bakersfield

Greater Bakersfield Legal Assistance, Inc.  (GBLA), a non-profit law firm that provides free ci...

Apply now

Patent Attorney/Agent

USA-FL-Plantation Acres

Full-service intellectual property law firm in a great location near Miami and Fort Lauderdale is ac...

Apply now

Attorney/Litigation - Reno, NV

USA-NV-Reno

The Reno, NV office of Blanchard, Krasner & French seeks associate attorney with a minimum of 5+ yea...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate/Transactional Attorney

USA-IA-Des Moines

Des Moines office of a BCG Attorney Search Top Ranked Law Firm seeks corporate/transactional attorne...

Apply Now

Corporate Attorney / Counsel

USA-NY-New York City

New York City office of a BCG Attorney Search Top Ranked Law Firm seeks corporate attorney with 5+ y...

Apply Now

Housing Finance Associate Attorney

USA-MN-Minneapolis

Minneapolis office of a BCG Attorney Search Top Ranked Law Firm seeks a housing finance associate at...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top