New York City’s Board of Health “exceeded the scope of its regulatory authority” when it sought to ban the sale of super-sized sodas, the state’s highest appeals court ruled Thursday. In a 20-page decision, Judge Eugene F. Pigott, Jr., of the New York State Court of Appeals passed on an opportunity to reinstate a ban on the sale of certain large sugary drinks in the Big Apple.
The ban was the brainchild of former New York Mayor Michael Bloomberg, and, ever since it was proposed, had become the target of both serious debate over what to do about childhood obesity and fodder for late-night comedians. Two lower courts had previously struck it down, and the failure to reinstate it at the appeals court means that the city’s jumbo soda ban is dead. The city has no further appeal options. In Thursday’s ruling, Judge Pigott suggested that if the city’s politicians wanted to take actions that touch the lives of millions, they ought to take their case to the city council. NYC’s Board of Health is appointed by the mayor. The soft drink industry fought the ban from day one. It would have applied to sodas and other sugary drinks larger than 16 ounces sold by some outlets. The final appeals court decision came down on a 4-2 vote, with the minority noting the traditional powers the city health board has had for imposing measures to protect public health.
