NY sugary drink curbs thrown into confusion

A judge’s last-minute overturning of New York’s pioneering ban on large size sugary drinks has handed a defeat to health-minded mayor Michael Bloomberg and created confusion for restaurants that had already ordered smaller cups and changed their menus.

By The Newsroom

Published 12th Mar 2013, 16:40 BST

State Supreme Court Justice Milton Tingling said the limit (around four-fifths of an imperial pint) on pop and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them.

“The loopholes in this rule effectively defeat the stated purpose of this rule,” Judge Tingling wrote in a ruling that examined the scope of power that should be afforded an administrative board for regulations.

The ruling was seen as a victory for the beverage industry and businesses that called the rule unfair.

The judge also said the Bloomberg-appointed Board of Health intruded on the City Council’s authority when it imposed the rule, citing in part a case from the 1980s which questioned whether a state public health council had the authority to regulate smoking in public places.

New York City Council