Once Again, Soda Ban Struck Down by Courts

The fight is over: the appeals court has declared the New York City large sugary drink ban ‘unconstitutional’

New soda ban decision.

It’s official: Mayor Bloomberg’s attempt to ban large, sugary drinks from sale in New York City has been declared “an illegal overreach of power,” according to the latest court decision and reported by Reuters.

The state appeals court took on the lawsuit, brought to the courts by beverage makers and lobbyists, to determine whether Bloomberg and the Public Board of Health had the authority to ban drinks and approve the new law. The panel of four judges took issue with the loopholes in the law, such as the allowance of 7-Eleven to continue serving 64-ounce Big Gulps. "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," Justice Dianne Renwick wrote for the court. "If it were, the 'Soda Ban' would apply to all public and private enterprises in New York City."

Related Stories
60 Percent of New Yorkers Against Soda Ban, According to PollAmerican Beverage Association Fights Back on Soda BanCoca-Cola, Pepsi Fight Back Against New York City Soda Ban

Bloomberg and the city still has the option to challenge the new decision in the High Appeals Court, however. "Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic," Bloomberg said in a statement. Will Bloomberg be able to pass his soda ban before he leaves office?