Appeals court strikes down NYC's big-soda ban - FOX 13 News

Appeals court strikes down NYC's big-soda ban

Posted: Updated:

New York City's crackdown on big, sugary sodas is staying on ice.

An appeals court ruled Tuesday that New York City's Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants. The panel said the board does have the power to ban "inherently harmful" foodstuffs from being served to the public, but that sweetened beverages don't fall into that category. The court wrote that soda consumption "cannot be classified as a health hazard per se" because it is not necessarily harmful when done in moderation.

The state Supreme Court Appellate Division panel upheld a lower court decision that had delayed the measure before it took effect in March.

The American Beverage Association issued a statement after the ruling saying: "We are pleased that the lower court's decision was upheld. With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City."

Mayor Mike Bloomberg also responded calling the decision a "temporary setback."

"Since New York City's ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12th, more than 2,000 New Yorkers have died from the effects of diabetes," Bloomberg said in a statement. "Also during that time, the American Medical Association determined that obesity is a disease and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes -- both of which are disproportionately linked to sugary drink consumption."

The rule would stop many eateries from selling non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.

The beverage industry and other opponents say the measure is riddled with exceptions, unfair and ineffective.

The city's Department of Law has promised an appeal.

  • HealthMore>>

  • Flavored stogies fueling surge in cigar smoking in young people

    Flavored stogies fueling surge in cigar smoking in young people

    Friday, April 18 2014 10:09 PM EDT2014-04-19 02:09:19 GMT
    Tobacco trade publications suggest that flavored cigars are driving the recent growth in cigar consumption. These products are much less expensive than cigarettes.Cigarette use among teenagers is down. But a study from Rutgers University says cigar use is up in part because of the popularity of flavored cigars. The FDA has banned flavoring in cigarettes, except for menthol, but that's not the case for cigars.
    Tobacco trade publications suggest that flavored cigars are driving the recent growth in cigar consumption. These products are much less expensive than cigarettes.Cigarette use among teenagers is down. But a study from Rutgers University says cigar use is up in part because of the popularity of flavored cigars. The FDA has banned flavoring in cigarettes, except for menthol, but that's not the case for cigars.
  • Basil farm ready to switch to marijuana

    Basil farm ready to switch to marijuana

    Friday, April 18 2014 4:11 PM EDT2014-04-18 20:11:50 GMT
    Basil plants grow on a New Jersey farm, but the facility could be turned into a five-acre medical marijuana greenhouse with only 48 hours' notice. The hoses from the state-of-the-art Dutch hydroponic system are watering flowers now, but with a few minor adjustments could just as easily grow marijuana plants for medicinal cannabis. The only reason it's not happening now is because the company is publicly traded and subject to federal law.
    Basil plants grow on a New Jersey farm, but the facility could be turned into a five-acre medical marijuana greenhouse with only 48 hours' notice. The hoses from the state-of-the-art Dutch hydroponic system are watering flowers now, but with a few minor adjustments could just as easily grow marijuana plants for medicinal cannabis. The only reason it's not happening now is because the company is publicly traded and subject to federal law.
  • Oil-swishing craze: Snake oil or all-purpose remedy?

    Oil-swishing craze: Snake oil or all-purpose remedy?

    Allison Bennett of Palm City, Fla., plans to swish daily. Sloshing coconut oil around her mouth for a quarter of an hour every day will make her teeth whiter, she believes.
    Allison Bennett of Palm City, Fla., plans to swish daily. Sloshing coconut oil around her mouth for a quarter of an hour every day will make her teeth whiter, she believes.
Powered by WorldNow

FOX 13 / WTVT-TV
3213 West Kennedy Blvd.
Tampa, Florida 33609
Main: (813) 876-1313
Newsroom: (813) 870-9630
Fax: (813) 871-3135

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices