New York appeals courts rules that city's ban on large sugary drinks is illegal
Decision says Board of Health "exceeded scope of its regulatory authority"
Industry group praises the decision, says ban was unfair to small businesses
Mayor Bill de Blasio: "We cannot turn our backs on the high rates of obesity and diabetes"
New York’s Court of Appeals ruled Thursday that New York City’s ban on large sugary drinks, which was previously blocked by lower courts, is illegal.
“We hold that the New York City Board of Health, in adopting the ‘Sugary Drinks Portion Cap Rule,’ exceeded the scope of its regulatory authority,” the ruling said.
Christopher Gindlesperger, a spokesman for the American Beverage Association, praised the ruling.
“We are pleased that the lower courts’ decisions were upheld,” he said in a statement. “It would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice. With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on New Yorkers and families across the country.”
In a statement, Bloomberg’s successor, Mayor Bill de Blasio, expressed disappointment with the decision.
“The negative effects of sugary drink over-consumption on New Yorkers’ health, particularly among low-income communities, are irrefutable,” the statement said. “We cannot turn our backs on the high rates of obesity and diabetes that adversely impact the lives of so many of our residents. While we are still examining the Court’s decision, it is our responsibility to address the causes of this epidemic, and the City is actively reviewing all of its options to protect the health and well-being of our communities.”