Court rules NYC soda ban unconstitutional

The First Department of the state Supreme Court’s Appellate Division ruled today that New York City Mayor Michael Bloomberg’s controversial plan to ban sugary drinks larger than 16 ounces was “arbitrary and capricious,” according to court documents. Additionally, the appeals court wrote that the ban is in violation of the state principle of separation of powers.

“The Commissioner went as far as to indicate that in addition to promoting health, the ban would help ameliorate obesity-related health care expenditures in New York,” the decision states.

The mayor’s administration proposed the Portion Cap Rule in May 2012 to tackle the seemingly upward trend of obesity in the city; in September 2012, the NYC Board of Health voted 8-0 with one abstention in favor of the Portion Cap Rule.

Beverages containing less than 25 calories per 8 oz, and those that are more than 50% milk or 100% fruit or vegetable juice would not have been affected by the new measure. However, all self-service cups or containers would fall under restricted amounts of sugary beverages.

“Accordingly, the selective restrictions enacted by the Board of Health reveal that the health of the residents of New York City was not its sole concern. If it were, the ‘Soda Ban’ would apply to all public and private enterprises in New York City,” the decision states.

In response, Mayor Bloomberg released the following statement on a government website:

“Since New York City’s ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12th, more than 2,000 New Yorkers have died from the effects of diabetes. Also during that time, the American Medical Association determined that obesity is a disease and the New England Journal of Medicine released a study showing the deadly and irreversible health impacts of obesity and type 2 diabetes – both of which are disproportionally linked to sugary drink consumption. Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic.”

For more information:

Decision and order of The Supreme Court Appellate Division First Department. Accessed July 30, 2013.

Statement of NYC Mayor Michael R. Bloomberg. Accessed July 30, 2013.