The National Alliance for Hispanic Health and nine other entities filed a brief Monday. They’re calling the rule a “reasonable and measured attempt” at stemming a tide of obesity, diabetes and other illnesses.
The group said those problems are prevalent in minority communities where beverage companies target their marketing to particular ethnic groups.
Former Mayor Michael Bloomberg attempted to ban the sale of sugary drinks larger than 16 ounces in some restaurants, stadiums, movie theaters and other places.
Two lower courts blocked his efforts.
An appeals court upheld a lower court’s earlier decision last July, saying the Board of Health’s plan to put a 16-ounce limit on sugary drinks was an illegal overreach of executive power.
The four-judge panel of the state Supreme Court Appellate Division said the Board of Health was acting too much like a legislative body when it created the ban and said it didn’t believe sugary drinks were “inherently harmful.”
A hearing is scheduled for June 4.
A spokesman for the American Beverage Association, which represents soft drink companies, said it’s received support from numerous groups and is confident the court will uphold a ruling that the city overstepped its authority.
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