Ad Spot

April 15, 2021

Appeals court: NYC’s big-soda ban unconstitutional

NEW YORK (AP) — New York City’s crackdown on big, sugary sodas is staying on ice.
A mid-level state appeals court ruled Tuesday that the city’s Board of Health exceeded its legal authority when it voted last year to put a 16-ounce size limit on high-calorie soft drinks served in restaurants, theaters, stadiums, sidewalk food carts and many other places.
In a unanimous opinion, a four-judge panel of the state Supreme Court Appellate Division said that while the board has the power to ban “inherently harmful” foodstuffs from being served to the public, sweetened beverages don’t fall into that category. Soda consumption is not necessarily harmful when done in moderation, the court wrote, and therefore “cannot be classified as a health hazard per se.”
The panel didn’t address whether the size limit would have infringed on personal liberties, but said that in adopting it, the health board improperly assumed broad lawmaking powers given only to legislative bodies, like the City Council.
Mayor Michael Bloomberg, the driving force behind the regulation, promised a quick appeal.
“Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” he said in a statement.
The American Beverage Association, which had been among the groups challenging the rule, applauded the ruling, which was the second to find that the Board of Health had overstepped its authority. A similar lower court ruling in March kept the regulation from taking effect.
“With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City,” said Beverage Association spokesman Christopher Gindlesperger.
New York’s effort to cap soda portions has drawn praise from health experts lauding it as a groundbreaking step in America’s war on extra weight and ridicule from late-night TV hosts ribbing the mayor as a nutrition nanny.
The drinks limit follows other Bloomberg efforts to nudge New Yorkers into better diets. His administration has forced chain restaurants to post calorie counts on menus, barred artificial trans fats from restaurant fare and challenged food manufacturers to use less salt.
Bloomberg and city Health Commissioner Thomas Farley saw soft drinks as a sensible next front in a necessary fight: reining in an obesity rate that rose from 18 to 24 percent of adults in the city within a decade. Studies have tied heavy consumption of sugary drinks to weight gain. A 20-ounce Coke packs more calories than a McDonald’s hamburger. Diabetes, linked to excessive sugar intake, is now among the leading causes of death in New York.

Comments

Comments closed.

Business

‘It’s our big time’: Salisbury Farmers Market reopens Saturday

Education

Schools capital funding still frozen as RSS sends local budget to county

Business

Shields, Cheerwine Festival receive N.C. Main Street Awards

Kannapolis

Duke University launches kidney disease study in Kannapolis for people of African descent

Education

Horizons Unlimited will hold in-person summer camps

Education

Education briefs: Catawba planning for more in-person activities, free summer school tuition

Coronavirus

County’s full COVID-19 vaccinations top 22,600

High School

High school golf: With Merrell, Mustangs back on top

Local

Spencer investigating rat problem on South Iredell Street

News

Livingstone, Mission House Church to host national ‘Black Voters Matter’ listening session

Education

Shoutouts

Business

Groundbreaking on Pennant Square signals next phase in downtown Kannapolis revitalization

Nation/World

J&J vaccine to remain in limbo while officials seek evidence

Nation/World

Prosecutors: No charges for officer in Capitol riot shooting

Nation/World

Biden to pull US troops from Afghanistan, end ‘forever war’

Nation/World

Former Minnesota cop charged in shooting of Black motorist

Crime

Blotter: April 14

Elections

Former North Carolina Gov. McCrory enters US Senate race

Crime

Salisbury woman arrested in Myrtle Beach for abducting child

Health

County updates health director job description, will advertise for position

High School

High school tennis: East beats Carson, still hopes to share NPC title

Elections

Board of Elections to purchase upgraded voting equipment using federal grant

Kannapolis

Kyle Seager drives in winning run in first game as Mariners split doubleheader with Orioles

Local

City exhausts this year’s funds for Innes Street Improvements, Municipal Services District grant programs