NYC big sugary drink ban stopped - New York News

NYC appeals judge's sugary drink ruling

Posted: Updated:
NEW YORK (MYFOXNY) -

Mayor Michael Bloomberg said a judge's decision to strike down New York City's groundbreaking ban on big sugary drinks is merely a "temporary setback." The city has already begun the appeal process.

Bloomberg spoke Tuesday while visiting a Manhattan diner that is voluntarily complying with the policy. The diner is ditching 20-ounce bottles of soda and reserving 24-ounce to-go cups for iced coffee.

A New York state judge stopped New York City from implementing a ban on the sale of large sweetened drinks.

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday.

Chris Gindlesperger, spokesman for the American Beverage Association issued a statement saying: "The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban."

The regulations are "fraught with arbitrary and capricious consequences," the judge wrote in his ruling. "The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole… It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the rule, including but not limited to no limitations on re-fills, defeat and/or serve to gut the purpose of the rule."

For example, a pizzeria, which is licensed by the city's Board of Health, would not have been allowed to sell soda in cups larger than 16 ounces, but a hypothetical next-door 7-Eleven convenience store, which is regulated by the state, would have no such restrictions.

Also, the rule exempts drinks that are more than 50 percent milk. That means the sale of a 20-ounce milkshake, which might have more sugar and calories than a 20-ounce cola, would not be restricted but sale of the soda would be.

The rule also exempts alcoholic beverages, regardless of sugar and calorie content.

The judge also raised several arguments about the Board of Health and the mayor's right to unilaterally create such a ban without action from the City Council. The mayor controls the Board of Health.

The city's top lawyer said he is confident the Board of Health's rule will be upheld.

"This measure is part of the city's multi-pronged effort to combat the growing obesity epidemic, which takes the lives of more than 5,000 New Yorkers every year," Michael Cardozo, the city's corporation counsel, said in a statement, "and we believe the Board of Health has the legal authority -- and responsibility -- to tackle its leading causes."

On Tuesday, the city's Law Department filed a notice of appeal, the first step in the appeal process.

The mayor on Monday said that "special interests" always sue when you "adopt a groundbreaking policy."

"We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal," Bloomberg said. "The Board of Health's limit on the serving size of sugary drinks does not limit anyone's consumption; it just requires them to think about whether they really want more than 16 ounces."

The Associated Press contributed to this report.

  • Your MoneyMore>>

  • Maryland casino to interview workers from closing Atlantic City casinos

    Md. casino eyes workers from closing Atlantic City casinos

    Friday, July 25 2014 4:32 PM EDT2014-07-25 20:32:23 GMT
    AP photoAP photo
    A Maryland casino is looking to hire some of the soon-to-be-jobless Atlantic City casino workers. Maryland Live! is holding job fairs next week at the Sheraton hotel across from the Atlantic City Convention Center. The Hanover, Maryland casino held a similar recruitment effort in January when The Atlantic Club shut down.
    A Maryland casino is looking to hire some of the soon-to-be-jobless Atlantic City casino workers. Maryland Live! is holding job fairs next week at the Sheraton hotel across from the Atlantic City Convention Center. The Hanover, Maryland casino held a similar recruitment effort in January when The Atlantic Club shut down.
  • Dunkin' Donuts cashiers will try to 'upsell' you in the afternoon

    Dunkin' Donuts cashiers will try to 'upsell' you in the afternoon

    Friday, July 25 2014 5:54 AM EDT2014-07-25 09:54:31 GMT
    If an iced coffee from Dunkin' Donuts is part of your afternoon routine, expect a nudge to buy a cookie or doughnut you didn't plan on. Dunkin' Brands CEO Nigel Travis said in a phone interview Thursday that the company is pushing to get its cashiers to "upsell" to afternoon customers. It's part of an effort to increase sales after stores have emptied out after the morning rush.
    If an iced coffee from Dunkin' Donuts is part of your afternoon routine, expect a nudge to buy a cookie or doughnut you didn't plan on. Dunkin' Brands CEO Nigel Travis said in a phone interview Thursday that the company is pushing to get its cashiers to "upsell" to afternoon customers. It's part of an effort to increase sales after stores have emptied out after the morning rush.
  • iPad sales decline

    Are tablets already on their way out?

    Are tablets already on their way out?

    Friday, July 25 2014 5:50 AM EDT2014-07-25 09:50:16 GMT

    Four years ago, tablet owners starting raving about the market's newest piece of mobile technology. Last quarter, Apple iPad sales fell by 9 percent. Still, forecasting the death of the tablet seems premature and incorrect. More likely, all our devices are cross-breeding and evolving until all our calling, emailing, texting, messaging, Internetting, TV watching, all our communication happens on one mobile gadget.


    Four years ago, tablet owners starting raving about the market's newest piece of mobile technology. Last quarter, Apple iPad sales fell by 9 percent. Still, forecasting the death of the tablet seems premature and incorrect. More likely, all our devices are cross-breeding and evolving until all our calling, emailing, texting, messaging, Internetting, TV watching, all our communication happens on one mobile gadget.
  • Local NewsLocal NewsMore>>

  • Another company to give family free cruise

    Family of 5-year-old with cancer upset with cruise line

    Family of 5-year-old with cancer upset with cruise line

    Friday, July 25 2014 6:52 PM EDT2014-07-25 22:52:08 GMT
    A Long Island family is upset that a cruise line won't accommodate them after their 5-year-old son had to have emergency surgery for cancer. Nicolas Colucci and the rest of his family was supposed to go on a cruise on the Norwegian Breakaway. They did not buy travel insurance, so Norwegian says they cannot rebook the cruise so close to departure. The CEO of a rival cruise line saw their story and reached out to the Colucci family to offer them a free cruise.
    A Long Island family is upset that a cruise line won't accommodate them after their 5-year-old son had to have emergency surgery for cancer. Nicolas Colucci and the rest of his family was supposed to go on a cruise on the Norwegian Breakaway. They did not buy travel insurance, so Norwegian says they cannot rebook the cruise so close to departure. The CEO of a rival cruise line saw their story and reached out to the Colucci family to offer them a free cruise.
  • Hudson River Sloop Clearwater

    Pete Seeger's environmental legacy lives on

    Pete Seeger's environmental legacy lives on

    Friday, July 25 2014 6:16 PM EDT2014-07-25 22:16:30 GMT
    American folk singer and activist Pete Seeger's passion for music and the environment embodied who he was every single day of his life. In 1966, Seeger co-founded the organization Hudson River Sloop Clearwater. Ever since, Seeger's 106-foot-long sloop, Clearwater, has been sailing up and down the Hudson River to educate and inspire children to protect the environment.
    American folk singer and activist Pete Seeger's passion for music and the environment embodied who he was every single day of his life. In 1966, Seeger co-founded the organization Hudson River Sloop Clearwater. Ever since, Seeger's 106-foot-long sloop, Clearwater, has been sailing up and down the Hudson River to educate and inspire children to protect the environment.
  • Eric Garner's family seeks federal probe of police custody death

    Eric Garner's family seeks federal probe of police custody death

    Friday, July 25 2014 5:46 PM EDT2014-07-25 21:46:48 GMT
    Family members of a man who died in police custody, the Rev. Al Sharpton and others met with federal prosecutors Friday to press for an investigation into the death. An amateur video shows a plainclothes police officer placing Garner in what appears be a chokehold last week while arresting him on Staten Island. The 43-year-old Garner can be heard gasping, "I can't breathe!" Chokeholds are banned under New York Police Department policy.
    Family members of a man who died in police custody, the Rev. Al Sharpton and others met with federal prosecutors Friday to press for an investigation into the death. An amateur video shows a plainclothes police officer placing Garner in what appears be a chokehold last week while arresting him on Staten Island. The 43-year-old Garner can be heard gasping, "I can't breathe!" Chokeholds are banned under New York Police Department policy.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices