The End of the NYC Soda Ban

soda banThe New York State Court of Appeals today rejected an effort to reinstate New York City’s plan to restrict the sale of sugary drinks, commonly referred to as “The Bloomberg Ban.” With its decision, the Court has ended the proposal’s chance at reinstatement.

Judge Eugene F. Pigott Jr. wrote the Court’s opinion, which sided with New York State Supreme Court’s decision in March 2013, stating that the city’s Board of Health chose among competing policy goals without legislative delegation or guidance, thereby engaging in lawmaking and infringing upon the legislative jurisdiction of the state’s City Council.

“We hold that the New York City Board of Health, in adopting the ‘Sugary Drinks Portion Cap Rule,’ exceeded the scope of its regulatory authority,” Pigott Jr. wrote.

The initial proposal, conceived by the office of former New York Mayor Michael Bloomberg, would have restricted the sale of sugary beverages, such as carbonated soft drinks, teas and juice drinks, containing more than 25 calories per 8 oz. serving in packages larger than 16 oz. Current New York City Mayor Bill de Blasio recently revived the proposal, however his efforts weren’t enough to alter the Court’s opinion that the Board of Health overreached its authority.

New York’s soda proposal wasn’t the only political effort to take a hit in recent weeks. California Senate Bill 1000, which would require all beverages containing added sweeteners with 75 calories or more to carry a rather descriptive warning label, failed to pass a vote last week by the California State Assembly.