court upholds ruling against nyc beverage ban
Source: National Restaurant Association
In another major victory for New York restaurateurs, the New York Supreme Court, Appellate Division, upheld the state Supreme Court’s ruling that struck down the city’s ban on the sale of sugar-sweetened beverages over 16 ounces by restaurants.
The court’s four-judge panel was unanimous in its decision that the New York Board of Health and Mental Hygiene “violated the state principle of separation of powers.”
“We think it is clear that [the City Charter] does not empower the Board of Health to promulgate rules regulating the conduct of the people of the City of New York with respect to all matters having some relation to the public health,” the judges stated.
The decision is a significant blow against the city’s efforts to prohibit restaurant and foodservice establishments from selling larger-sized sugary drinks. In a statement, New York Mayor Michael Bloomberg, who ordered the ban in an attempt to address childhood obesity, said the city would appeal the latest ruling.
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