New York City's appeal of soda ban ruling to be heard in June

NEW YORK Wed Mar 13, 2013 7:07pm EDT

A 64-ounce drink is displayed alongside other soft drink cup sizes at a news conference at City Hall in New York, May 31, 2012. REUTERS/Andrew Burton

A 64-ounce drink is displayed alongside other soft drink cup sizes at a news conference at City Hall in New York, May 31, 2012.

Credit: Reuters/Andrew Burton

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NEW YORK (Reuters) - The legal battle over New York City's ban of large sugary drinks is set to continue in early June, after a New York appellate court agreed on Wednesday to hear the city's appeal of a ruling that struck down the new law.

Hours after state Supreme Court Justice Milton Tingling invalidated the ban in a last-minute decision on Monday, Mayor Michael Bloomberg, who has made the ban and other health measures a cornerstone of his tenure, expressed confidence the ruling would eventually be overturned.

The city filed its intention to appeal on Tuesday, and the Appellate Division, First Department, a mid-level appeals court, said it would hear the case during the first week of June.

It is unclear if the issue will be resolved before Bloomberg leaves office at the end of this year, because the loser could seek to take the ruling on the appeal to the state's high court.

In a statement, city lawyer Fay Ng said the city was "gratified that the appeal will be given prompt consideration."

The ban, which had been set to take effect Tuesday, would have barred restaurants, movie theaters, food carts and other establishments from selling sugary drinks larger than 16 ounces. The beverage and restaurant industries, along with other business groups, sued the city seeking to block the law.

Tingling ruled that the mayor-appointed health board had overstepped its authority when it passed the regulation without the city council.

He also criticized the law's loopholes, saying they made the regulation "arbitrary and capricious." The ban would have exempted businesses such as grocery and convenience stores and drinks that contain a significant amount of milk.

"We feel the justice's decision was strong and we're confident in the ruling," Chris Gindlesperger, a spokesman for the American Beverage Association, one of the plaintiffs in the case, said in an email. "We respect the mayor's right to appeal."

(Reporting by Joseph Ax; Editing by Paul Thomasch and Leslie Adler)

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Comments (10)
Doc62 wrote:
Banning food that is bad for your health is the wrong way to go.
65% of my fellows Americans are obese. No one tells you what, when and how much to eat. It’s your constitutional right and the court knows it.
Education and setting an example are the only things that will help reduce this inflating problem. Walmart women are sadly pathetic. Many more are joining their ranks, expodentially. Scary, eh?

Mar 13, 2013 8:00pm EDT  --  Report as abuse
NCMAN64 wrote:
The extremely rich guy will likely pay off to get a favorable ruling like they do in chicago. The two cities are run about the same, except I don’t believe Bloomberg is gay.

Mar 13, 2013 8:20pm EDT  --  Report as abuse
sandman839 wrote:
Why should I not be able to get a large soda with my meal, just because some one else can’t handle it.

Mar 13, 2013 8:33pm EDT  --  Report as abuse
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