Fizzled Out! Judge Blocks NYC Soda Ban

Large sugary consumption lives another day in NYC.

A judge blocked Mayor Michael Bloomberg’s quest to ban large-size sugary drinks on Monday, a day before the ban was to go into effect.

Justice Milton A. Tingling Jr. of New York Supreme Court in Manhattan called the ban “arbitrary and capricious” agreeing with soda industry groups including the American Beverage Association who had initially challenged the prohibition in court.

“The loopholes in this rule effectively defeat the stated purpose of the rule,” the judge wrote in a 36 page order. Consumers are able to refill soda cups as many times as long as the cup doesn’t exceed 16 ounces.

According to Tingling, the Board of Health overstepped its boundary and doesn’t have the authority to implement such a ban.

“One thing not seen in any of the Board of Health’s powers is the authority to limit or ban a legal item under the guide of ‘controlling chronic disease,” wrote Tingling.

However, Bloomberg isn’t ready to put a cap on it just yet and vows to appeal the decision.

“We believe that the judge’s decision was clearly an error,” said Bloomberg at a Monday evening press conference. He is “confident” the ruling will eventually become implemented.

For the mayor, it has nothing to do with political gain but is “what we can do to help each other.” Obesity is killing 5,000 New Yorkers annually and the “best science” points to sugary drinks as the culprit of obesity.

This isn’t the first health initiative Bloomberg has taken on. In the past he’s banned trans fat, implemented a letter grading system for restaurants and banned smoking in public places.

Pic: Google Images

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One Response

  1. […] Bloomberg continues his health crusade by placing a ban on oversized soft drinks, which was shut down by Judge Milton Tingling. Bloomberg is […]

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