Politics & Government

Judge: Soda Ban Has No Fizz

Bloomberg pledges to keep fighting for ban in courts.

Mayor Michael Bloomberg's large soda ban stayed on the mat Tuesday, after an appellate court upheld the decision from earlier this year that the Board of Health exceeded their legal authority limiting the size of sugary drinks.  

According to the Associated Press, heavily sweetened drinks do not fall into the same category of harmful foods that muncipalities are allowed to regulate. 

The measure, which passed the city's Board of Health in 2012, was initially struck down in March.

In a statement, Mayor Michael Bloomberg said the decision was a blow to the health of all New Yorkers.

“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," Bloomberg said. "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 disproportionately linked to sugary drink consumption."

Bloomberg promised a quick appeal of the decision, calling it a "temporary setback."

The American Beverage Association, which has fought tooth and nail against the ban, was thrilled.

"We are pleased that the lower court’s decision was upheld," spokesman Christopher Gindlesperger said in a statement. "With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City."


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here