212-227-8877
  • Attorneys
    • Joseph Tacopina
    • Chad Seigel
    • Matthew Deoreo
    • Eleonora Maria Lanzone
  • Practice Areas
    • Criminal Law
    • Civil Litigation
  • Notable Cases
  • Firm Overview
  • Featured Press
  • Media
    • TV Appearances
    • Radio Mentions
    • International Press
    • In The News
    • Thought Leadership

New York City Appellate Division Upholds Dismissal of Soda Ban

By Joseph Tacopina Published September 12, 2013
Civil Litigation
Tags: Board of Health, constitutional rights, mayor bloomberg, soda ban

Mayor Bloomberg’s effort to prohibit the sale of large-sized sodas and other sugary drinks has concluded, as the New York Appellate Division recently upheld a lower court’s decision to block the legislation. Joseph Tacopina and other legal experts have noted the significance of this ruling, which was originally 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. Joseph Tacopina and other legal experts suggest that it may still 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. 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.

footer footer-mobile

Let the best
in the business

defend you.

Call us for a free consultation 24/7

PHONE
212-227-8877
ADDRESS

275 Madison Avenue, 35th Floor,
New York, New York 10016

Background Image Background Image
  • Firm Overview
  • Attorneys
  • Practice Areas
    • Criminal Law
    • Civil Litigation
  • Notable Cases
    • Notable Criminal Cases
    • Notable Civil Cases
  • Media
    • Thought Leadership
    • Featured Press
    • In The News
  • Contact
  • Privacy
  • facebookFacebook
  • twitterTwitter
  • linkedinLinkedIn
  • instagramInstagram
  • lawyersLawyers.com

Tacopina Seigel & DeOreo is located in New York, NY and serves clients in and around New York, Long Island City, Sunnyside, Astoria, Brooklyn, Woodside, Maspeth, Middle Village, Jackson Heights, Elmhurst, Ridgewood, East Elmhurst, Bronx, Rego Park, Corona, Forest Hills, Woodhaven, College Point, Ozone Park, Jamaica, Howard Beach, Bronx County, Kings County, New York County and Queens County.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Do Not Sell My Personal Information ]

© 2025 Tacopina Seigel Trial Lawyers
Design by SPINX Digital