Big Gulp: NYC court strikes down soda size limit

Judge voids big drink ban
Associated Press
Mar 29, 2013


New York City is asking appeals judges to reinstate a ban on supersized sodas and other sugary drinks, which was struck down by a Manhattan judge the day before it was to go into effect.

The city had vowed an appeal and said Thursday that lawyers had filed it late Monday.

In his decision on March 11, State Supreme Court Justice Milton Tingling said the 16-ounce limit on sodas and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them.

"The loopholes in this rule effectively defeat the stated purpose of this rule," Tingling wrote in his ruling, which was seen as a victory for the beverage industry, restaurants and other business groups that called the ban unfair.

In addition, the judge said the Mayor Michael Bloomberg-appointed Board of Health intruded on the City Council's authority when it imposed the rule.

In its appeal, the city disputed those points.

"The rule is designed to make consumption of large amounts of sugary drinks a conscious and informed choice by the consumer," it said. "Thus, although a consumer is free to consume more than 16 ounces by ordering a second drink, getting a refill, or going to another store, he or she will be making an informed choice."

The city also said the Board of Health had legislative authority, and "is empowered to issue substantive rules and standards in public health."

Said American Beverage Association spokesman Christopher Gindlesperger, referring to the initial decision overturning the ban, "We feel the justice's decision was strong and we're confident in the ruling."

Also on Thursday, the city announced that other organizations had filed legal briefs in support of the city's appeal. Those organizations include the National Alliance for Hispanic Health and the National Association of Local Boards of Health, as well as 30 others.

Bloomberg has made public health a cornerstone of his administration, from requiring calorie counts to be posted on menus and barring trans fats in restaurant foods.




Bloomberg is losing his marbles!

The Bizness

Unless it harms someone else I don't think it needs to be regulated so restricting the size of sodas is lunacy. You are only killing yourself.




I did not think that this law had a chance of standing up if taken to court. You can't force people to be more healthy. It is funny how people treat smokers, but you can't tell an obese person they need to stop eating. Severe obesity takes more off of your life than smoking..

The Bizness

I think the deal with smoking is that it effects other around you...that is at least why I support smoking bans and what not, except when it comes to private clubs.


I totally agree with the smoking bans. Smoke filled bars are disgusting and I hate the smell. My concerns were more over the law NY is trying to pass where they will not let tobacco be seen. They will have to hide smokes behind the counter and have no display ads. Should store owners have to hide Twinkies (when they return) and other unhealthy carryout snacks because they contribute to an even less healthy lifestyle?

The Bizness

Yeah that law would be crazy too. I am kind of on the fence about whether or not there should be a tax on unhealthy food and it should go directly to health care.

BW1's picture

It has zero impact on people who choose not to enter the establishment.


Speaking of crazy liberals:

The Bizness

Yes "Drunk and Willing" is typically a view point liberals sad you would even say that. That isn't a liberal or conservative view point it is a stupid one.

"He started his own company which revolutionized the distribution of financial information and made him a billionaire."

Do not trust the rich and powerful like Bloomberg who decide what is best for Americans.