Supporting a previous ruling, a decision Thursday by the New York Court of Appeals ensures that restaurants and other potentially impacted businesses will not be forced to abide by strict size restrictions in the sale of sugary drinks.
The New York City health department attempted to limit the sale of soda to 16-ounce portions, a move supported by former Mayor Michael Bloomberg and, to some extent, its current mayor. The move was largely panned by the public; and amid complaints by owners of restaurants, theaters, and other businesses, the regulation was nixed by a lower court.
According to the majority opinion in the 4-2 decision, the court determined that the city’s health board “engaged in law-making beyond its regulatory authority” and “wrote the Portion Cap Rule without benefit of legislative guidance.”
While judges might agree with the board’s underlying opinion that consumption of sugary beverages is a health risk, the majority found it does not have the authority to impose such a ban.
Those who would have been affected by the restriction are celebrating the ruling.
A statement by the American Beverage Association expressed pleasure that the previous ruling was upheld, explaining that if reinstated, the ban “would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice.”
Of course, backers of the ban vowed to continue fighting against the consumption of soda.
City Health Commissioner Mary T. Bassett asserted that the court ruling “does not change the fact that sugary drink consumption is a key driver of the obesity epidemic,” vowing that her board “will continue to look at ways to stem the twin epidemics of obesity and type 2 diabetes.”
The left’s assault on soda is not unique to New York. In California, for instance, sugary drinks might soon contain a warning label designating them as dangerous products.
Legislators in other states, including Connecticut Democrat Rep. Rosa DeLauro, advocate specific soda taxes meant to discourage individuals from purchasing such beverages.
Photo credit: Teeejayy (Flickr)
This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom