Legal News

NY’s Large Soda Ban Invalidated One Day before Implementation
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The ban on large sodas in New York was scheduled to come into effect from Tuesday. However, on Monday, state Supreme Court Justice Milton Tingling in Manhattan said that the ban could have applied only to businesses like restaurants that are under the purview of the health department. He invalidated the law.

Citing several loopholes in the law championed by New York City Mayor Michael Bloomberg, the court observed the ban “is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the rule … serve to gut the purpose of the rule.”

The city administration has gone into damage control and city lawyers have said they would appeal the decision. Counsel Michael Cardozo said the rule was needed to combat the obesity epidemic. He stated, “We plan to appeal the decision as soon as possible, and we are confident the Board of Health’s decision will ultimately be upheld.”

  
What
Where


The regulation, now stalled, would have prohibited food establishments from selling any sugary drink larger than 16 ounces. Each infringement attracted a $200 fine.

However, the court observed that the law, passed to combat the obesity epidemic did not apply to grocery and convenience stores, and therefore, was clearly insufficient to fulfill its purpose.

The court also observed that giving the health board such sweeping authority could negate the separation of powers between the executive and the legislature branches of the city government.

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!!




Expectedly, people who love sugary drinks, as also beverage companies heaved a sigh of relief, because whether or not the ban would have led people to drinking sugary drinks less, it would have certainly made them spend more by buying multiple cans instead of buying a single one.





 

RELEVANT JOBS

Trust and Estate Litigation Attorney

USA-CA-Los Angeles

Hagen O’Connell & Hval LLP is seeking to hire an experienced Estate / Trust litigation attorne...

Apply now

Trust and Estate Litigation Attorney

USA-WA-Seattle

Hagen O’Connell & Hval LLP is seeking to hire an experienced Estate / Trust litigation attorne...

Apply now

Personal Injury Litigation Attorney

USA-CA-Los Angeles

Job details Salary $60,000 - $80,000 a year Job Type Full-time Number of hires for th...

Apply now

Legal Assistant Paralegal

USA-IL-Evanston

We are seeking a legal assistant or paralegal that is interested in finding a longstanding, professi...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Liability Defense Attorney

USA-FL-Fort Lauderdale

Ft. Lauderdale office of our client seeks liability defense attorney with 3+ years of insurance defe...

Apply Now

Litigation Associate Attorney

USA-CA-San Francisco

San Francisco office of a BCG Attorney Search Top Ranked Law Firm seeks litigation associate attorne...

Apply Now

Senior Family Law Associate Attorney

USA-CA-Murrieta

Murrieta office of a BCG Attorney Search Top Ranked Law Firm seeks senior family law associate attor...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top