New York City Mayor Michael Bloomberg and other self-appointed nutrition czars are probably very upset. The New York Supreme Court Appellate Division, First Department, unanimously upheld a lower court’s decision that the New York City soda ban is unconstitutional.
The Ban
In the words of the court, “The Sugary Drinks Portion Cap Rule, dubbed the ‘Soda Ban,’ prohibits New York City restaurants, movie theaters and other food service establishments from serving sugary drinks in sizes larger than 16 ounces.”
Besides grossly infringing on individual liberty, the soda ban also picks winners and losers in the food and beverage industry. For example, winners include alcoholic beverages, because they aren’t subject to the ban. However, losers include sweetened juices that are subject to the ban.
The ban also doesn’t apply to all businesses. For example, restaurants would be subject to the ban, but grocery stores would be exempt.
Why the Ban Got Shot Down
Mayor Bloomberg wanted to get his soda ban in place even if that meant going around the New York city council. This is exactly what he did, despite at least 14 council members requesting that there be a vote. The New York City Board of Health moved forward with the ban on its own. The court held that, in so doing, the board was acting outside of its lawfully delegated authority.
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