New York’s highest court throws out New York City’s ban on the sale of large sugary drinks

The New York Court of Appeals — New York's highest court — today threw out the New York City Board of Health's ban on the sale of large sugary drinks. The ban was a significant component of former NYC Mayor Michael Bloomberg's fight against obesity. Read the court's 4-2 decision and Michael Grynbaum's article about it. The first paragraph of Judge Piggot's majority opinion summarizes why the court did what it did:

We hold that the New York City Board of Health, in adopting the "Sugary Drinks Portion Cap Rule", exceeded the scope of its regulatory authority. By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York.

We have covered the ban extensively. Go, for instance, here, here, here, and here.


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