04.01.13
A New York State Supreme Court judge has ruled that the city’s ban on sugary drinks is “arbitrary and capricious.” The judgment came in March, one day before the controversial rule was set to go into effect.
According to the New York Times, Mayor Michael Bloomberg’s office will challenge the ruling. The Times also said that Justice Milton A. Tingling Jr. suggested in his opinion that the soda rules were inconsistent in their application: “It applies to some but not all food establishments in the city,” Justice Tingling wrote. “It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.” For example, the rule would apply to restaurants but not convenience stores.
The judge also said that consumers could receive refills of sodas, as long as the cup size is not larger than 16 ounces, which would “defeat and/or serve to gut the purpose of the rule.” According to the Times, “The judge also appeared to be skeptical of the purview of the city’s Board of Health, which the Bloomberg administration had maintained has broad powers to seek to better the public’s health. That interpretation, the judge wrote, ‘would leave its authority to define, create, mandate and enforce limited only by its own imagination,’ and ‘create an administrative Leviathan.’”
According to the New York Times, Mayor Michael Bloomberg’s office will challenge the ruling. The Times also said that Justice Milton A. Tingling Jr. suggested in his opinion that the soda rules were inconsistent in their application: “It applies to some but not all food establishments in the city,” Justice Tingling wrote. “It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.” For example, the rule would apply to restaurants but not convenience stores.
The judge also said that consumers could receive refills of sodas, as long as the cup size is not larger than 16 ounces, which would “defeat and/or serve to gut the purpose of the rule.” According to the Times, “The judge also appeared to be skeptical of the purview of the city’s Board of Health, which the Bloomberg administration had maintained has broad powers to seek to better the public’s health. That interpretation, the judge wrote, ‘would leave its authority to define, create, mandate and enforce limited only by its own imagination,’ and ‘create an administrative Leviathan.’”
