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New York City Appellate Division Upholds Dismissal of Soda Ban

Mayor Bloomberg’s crusade to ban the sale of large-sized sodas and other sugary beverages has come to an end since a New York Appellate Division recently ruled to uphold a lower court ruling blocking legislation proposed by the Board of Health.

According to the NY Law Journal, the Appellate Division based its decision on the separation of powers principle.  The Court reasoned that the Board of Health, which is the enforcing arm of the law, could not unilaterally adopt a new policy without the advice and consent of the City Council.

The decision was met with support from The Hispanic Chambers of Commerce, the New York Korean-American Grocers Association, the Soft Drink and Brewery Workers Association, International Brotherhood of Teamsters Local 812, the National Restaurant Association, the National Association of Theatre Owners of New York State, and the American Beverage Association, all of whom would have been adversely affected with the implementation of the policy.

Do not, however, be surprised if attempts to ratify a large-sized soda ban continue.  Notice that the ruling does not leave the proposed regulation dead in the water.  It may be possible for the Board of Health to implement a restriction if the City Council agrees to create legislation to that effect.  It is as yet unclear whether a new law will be implemented to that effect.  For more information about administrative law and civil statutes that affect your life, contact an attorney experienced in handling cases involving government deprivation of constitutional rights.

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