NEW YORK Oct 12 A coalition of trade groups and
businesses sued New York City on Friday, challenging Mayor
Michael Bloomberg's new regulation banning the sale of
large-sized sugary soft drinks in restaurants, movie theaters
and other businesses.
The lawsuit, filed in New York state supreme court in
Manhattan by the American Beverage Association and a number of
other plaintiffs, claims the mayoral-appointed board of health
overstepped its authority when it unanimously passed the law
last month. The power to approve such legislation lies solely
with the city council, the lawsuit contends.
The ban, the first of its kind in the United States, outlaws
sugary drinks larger than 16 ounces nearly everywhere they are
sold, except in grocery and convenience stores. It is the latest
step in Bloomberg's longstanding quest to combat obesity and its
deleterious health effects, following other controversial
measures such as requiring chain restaurants to post calorie
counts on their menus.
Opponents have attacked the regulation as an infringement on
personal freedom and a blow to businesses.
The lawsuit seeks to have a judge bar the law before it can
take effect next spring.
The case is New York Statewide Coalition of Hispanic
Chambers of Commerce et al. v. The New York City Department of
Health and Mental Hygiene et al., 653584/2012, New York State
Supreme Court, New York County.