New York businesses file suit against ban on large sodas
By Dominique Debucquoy-Dodley, CNN
updated 12:33 PM EDT, Sat October 13, 2012
STORY HIGHLIGHTS
- The Board of Health overstepped its authority in approving the ban, lawsuit says
- "The regulation is arbitrary and capricious," the lawsuit says
- The ban on large sugary drinks was approved last month
New York (CNN) -- New York City's Board of Health did not have the authority to approve a ban on certain sales of sugar-sweetened beverages larger than 16 ounces, according to a lawsuit filed Friday by a group of business owners and workers.
The suit from the American Beverage Association and other business and trade associations states that the city's unelected Board of Health overstepped its power when it voted for the ban to be implemented.
"This board has the authority to enforce policy, not the authority to enact it," said Caroline Starke, a spokeswoman for the plaintiffs. "That power is reserved for the City Council."
The lawsuit also claims that "the regulation is arbitrary and capricious," is filled with irrational exclusions and loopholes, and harms thousands of small businesses in the city.

Michael Bloomberg has been mayor of New York City since 2002. While he has implemented changes in all areas of life for New Yorkers, his policies concerning health have caused the most controversy. Here are some of his most memorable health proposals, not all of which were enacted:
Bloomberg proposed a new target during his final State of the City speech February 14: plastic foam containers. Specifically, the ban will target certain polystyrene foam products, not necessarily Styrofoam, a trademarked product of Dow Chemical Co. used in foam insulation and construction products.
New York City's Board of Health voted to ban the sale of sugary drinks in containers larger than 16 ounces in restaurants and other venues, in a move meant to combat obesity and encourage healthier lifestyles. State Supreme Court Justice Milton Tingling has since blocked the city's restrictions, although Bloomberg is appealing.
Before the big sugary drink ban proposal, Bloomberg in 2010 urged the U.S. Department of Agriculture to exclude soda, sports drinks and other sugary drinks from food stamp eligibility, citing their effects on obesity. The mayor wanted the food stamp-eligible products to provide nourishment for better health. The department declined, saying the restrictions on retailers were too difficult.
Beginning May 23, 2011, New Yorkers were no longer allowed to go outside and light up in public places. Bloomberg proposed the plan in September 2010 to ban outdoor smoking in parks, beaches, marinas, boardwalks and pedestrian plazas, because of secondhand smoke's harmful effects. Now, it is illegal to smoke in any of the city's 1,700 parks and open spaces. The punishment is a $50 fine.
New York's comprehensive health policy, announced in 2004, included Bloomberg's goal to help decrease underage binge drinking and illegal alcohol sales through public service ads. After launching a campaign in 2010 to emphasize the hazards of excessive drinking, Bloomberg plans to continue limiting alcohol advertising near schools and to work with the police and the New York State Liquor Authority to enforce laws prohibiting alcohol sales to youths.
Bloomberg announced in December that obesity rates among New York public elementary and middle school students decreased over the past five years. He also promoted the Salads in Schools initiative, which provided low-height salad bars to elementary schools across the city's five boroughs.
In October 2007, Bloomberg introduced an initiative for chain restaurants to display calorie information on menus and menu boards. McDonald's, Burger King and Starbucks previously listed these counts on their websites or posters, but Bloomberg wanted the information to be in plain sight. Counts began appearing on menus, such as this one from Chipotle, in 2008.
Salt may liven up meals, but an excess of salt can also lead to some health problems. In January 2010, Bloomberg unveiled a plan to cut the amount of salt in packaged and restaurant food by 25% over a five-year period.
In 2006, the New York City Board of Health approved Bloomberg's plan to ban trans fat in cooking oils within the city's 24,000 food establishments. The plan gave restaurants 18 months to make the change.
A week after a judge blocked his bid to ban large sugary drinks in March 2013, Bloomberg unveiled a Tobacco Product Display Restriction bill which would force city retailers to keep tobacco products out of sight. If it passes, New York would become the nation's first city to enact such a law, Bloomberg said.
Salt, sodas, smoking: Bloomberg's bans
Salt, sodas, smoking: Bloomberg's bans
Ban on big sugary drinks
No sodas with food stamps
No smoking in parks
Campaign against underage drinking
Salads in schools
Calorie count menus
Cutbacks in salt
Ban on trans fats
Hidden cigarettes
HIDE CAPTION
Bloomberg's bans: Salt, sodas, smoking
The Board of Health was not immediately available for comment Friday.
The ban, which was approved last month, would outlaw drinks larger than 16 ounces at restaurants, food carts and any other establishments that receive letter grades for food service. It would not apply to grocery stores.
It is scheduled to go into effect in March.
Critics, including McDonald's and Coca-Cola, have assailed the ban as "misguided" and "arbitrary," though Mayor Michael Bloomberg has billed it as both a health and fiscal initiative.
New York City spends an estimated $4 billion each year on medical care for overweight people, Bloomberg has said.
One in eight New Yorkers also suffers from diabetes, a disease often linked to obesity, his office noted, calling sugary drinks "the single largest driver of these alarming increases in obesity."
New York health board approves ban on large sodas