Highest New York Court Overturns Ban on Large Sized Sodas

Stephen D. Hans photoAwhile back we published a blog post that discussed New York City’s ban on soda sizes that were 16 ounces or greater. Former Mayor, Michael Bloomberg proposed the ban to the City Council and sent it to the Board of Health, which unanimously approved the ban in September 2012.

However, the ban subsequently became subject to litigation when theaters, restaurant owners and beverage companies brought lawsuits. The lawsuits went through several judicial levels before arriving at the NY State Supreme Court. According to Bloomberg News, the New York State Supreme Court recently struck down the rule, adjudicating that it was “arbitrary and capricious.”

The highest court in the state found that the only body with authority to engage in policy-making was the state legislature and it had not legislated such a rule. The Board of Health overstepped its authority, which is to regulate and not engage in policy-making. It derives its authority from the state legislature, not the New York City Council.

In terms of public survey, Rasmussen Reports indicated that 63 percent of adults surveyed opposed the local soda ban and 19 percent supported it and 19 percent were undecided.

The New York Post reported on the issue as well and stated that after New York City passed the ban, beverage companies began releasing smaller cans of beverages that were 7.5 ounces to give the public a greater freedom of choice.

Stephan Hans & Associates is a long-established employment litigation firm located in Long Island City, Queens that has served clients for more than three decades in the New York City area, including Manhattan, Brooklyn, the Bronx, Long Island and Westchester.

 

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