American Beverage Association
The fight to ban large sugary sodas in New York City may not be over after all.
Guzzlers prevailed Thursday as New York’s highest court refused to reinstate New York City’s ban on the sale of big sodas, ruling that the city’s health department overstepped its bounds.
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 Court of Appeals granted a request by city officials to challenge a mid-level court decision that struck down the measure in July.
A state Supreme Court Appellate Division panel last week 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.”
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.
The mayors of New York, Los Angeles, Chicago and 15 other cities sent a letter to congressional leaders saying it’s “time to test and evaluate approaches limiting” the use of the subsidies for sugar-laden beverages, in the interest of fighting obesity and related diseases.
The American Beverage Association says the ads oversimplify the causes of obesity.
The legislation will ban the sale of energy drinks to minors at county parks and beaches as well as prohibit the marketing of energy drinks to teens.
Speaking Tuesday at a midtown restaurant that is voluntarily adopting the city’s sugary drink policy, Mayor Michael Bloomberg defended the ban and said he is confident the city will win in appeal.
New York Supreme Court Judge Milton Tingling ruled Monday that the city may not enforce the new regulation, which would have put a 16-ounce limit on sugary drinks — both bottled and fountain.
Soda makers and sellers are in court over a bid to delay enforcement of New York City’s first-of-its-kind effort to limit the size of sugary drinks.
Mayor Michael Bloomberg lashed out Friday at the NAACP’s New York state branch and a network of Hispanic groups for filing a lawsuit against the city’s ban of supersized sugary drinks.
The beverage industry is trying to take the fizz out of Mayor Michael Bloomberg’s big sugary soda ban. The two sides battled like Coke versus Pepsi in court on Wednesday.
The new regulation puts a 16-ounce limit on sugary drinks sold at city restaurants, movie theaters, sports venues and street carts and applies to both bottled and fountain drinks.