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NYC to State Top Court: Review Big-Soda Ban Ruling


NEW YORK (AP) — The state’s highest court should consider New York City’s first-of-its-kind effort to cut down on big, sugary soft drinks, city lawyers argued in a request made public Monday.

The request had been expected after a mid-level appeals court ruled last week against the measure. It would put a 16-ounce size limit on non-diet sodas and other high-calorie soft drinks sold at many eateries.

A judge had blocked the size cap in March, shortly before it was set to take effect at restaurants, movie theaters, food carts and some other establishments.

The city sees the regulation as a needed, if novel, step in fighting obesity and related diseases.

“This is a pressing public health matter that deserves careful review by the state’s highest court. The Board of Health must be able to combat the growing obesity epidemic, and there is clear precedent for the board to have that authority,” the city’s chief lawyer, Michael Cardozo, said in a statement Monday.

The American Beverage Association has helped lead the fight against the regulation. The soft drink manufacturers’ group says it’s confident last week’s ruling will stand.

“We look forward to a final resolution of this issue,” the organization said in a statement Monday.

The beverage association and other critics have argued that the health board overstepped its bounds, that the regulation would crimp consumers’ choices and that it’s unfair because it exempts supermarkets, convenience stores, alcoholic beverages and milk-based drinks.

There’s no set date for the Court of Appeals to decide whether it will take the case.

WGGB encourages readers to share their thoughts and engage in healthy dialogue about the issues. Comments containing personal attacks, profanity, offensive language or advertising will be removed. Please use the report comment function for any posts you feel should be reviewed. Thank you.

  • alpinequeen

    Common sense should prevail here in that these places should not be selling such large drinks in the first place but the government should not be able to legislate such nanny laws.

  • emily7677

    First if we allow our government to dictate how much soda we can buy what do you think will be next??? Second its sad that our country is the only one who allows high fructose corn syrup in our food…. i wish ppl would wake up and realize the only reason our food makes us fat is 98% of it contains gmo corn and or high fructose corn syrup. Even the 3rd world poor countries who cant feed their ppl properly dont allow that poison in their food… that should tell us something.