New York ban on big servings of sugary drinks delclared invalid

Justice Milton A Tingling of the New York Supreme Court today enjoined New York City from enforcing the ban on large serving of soda pop and other sugary drinks. He ruled that the ordinance violated separation of powers as the Board of Health took political and economic factors into account when promulgating the rule, was not authorized to create law on the issue as its grant of power is limited to preventing the spread of acute, communicable disease not the prevention of chronic health problems like obesity and legislative bodies are engaged in debate on the issue. He also ruled the rule is arbitrary and capricious as it exempted many businesses from its scope thus allowing uneven enforcement on the same block and the rule lacked provisions to advance the stated aim in that it allowed unlimited refills and excluded many calorie rich drinks such as lattes and milk shakes. His opinion can be found here.

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