Appeals Court Says NYC Ban on Large, Sugary Drinks is Unconstitutional

Heather Ginsberg

7/30/2013 12:45:00 PM - Heather Ginsberg

Today a New York State appeals court decided that the proposed ban on big, sugary drinks is unconstitutional. According to the AP:

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

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

So what does Michael Bloomberg have to say now? Well apparently the city’s law department has promised an appeal…


What more does this city’s government and mayor need to understand about this proposed law? This case has now been decided by two courts, saying that it is unconstitutional. It seems that Mr. Bloomberg won’t be happy until he gets his way, whether his constituents like it or not. And beyond the constituents, what does a large, sugary beverage ban do for business? Yeah, that’s right, it hurts! Give it up Mayor Bloomberg.