Judge Halts New York City Soda Ban

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A state judge on Monday stopped Mayor Michael Bloomberg‘s administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.

The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” wrote New York Supreme Court Judge Milton Tingling, blocking the rules one day before they would have taken effect. The city’s chief counsel, Michael Cardozo, pledged to quickly appeal the ruling.

In halting the drink rules, Judge Tingling noted that the incoming sugary drink regulations were “fraught with arbitrary and capricious consequences” that would be difficult to enforce with consistency “even within a particular city block, much less the city as a whole.”

The city rules, set to take effect on March 12, didn’t include convenience stores, such as 7-Elevens, and supermarkets, both of which are regulated by the state government.

In his ruling, Judge Tingling found the Board of Health’s mission is to protect New Yorkers by providing regulations that protect against diseases. Those powers, he argued, don’t include the authority to “limit or ban a legal item under the guise of ‘controlling chronic disease.’ ”

The board may supervise and regulate the city’s food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

“That has not been demonstrated,” he wrote.

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Tags: diabetes, health, health news, mayor bloomberg, new york, new yorkers, nyc, soda, soda ban, ssb, sugar, sugar sweetened beverages