New York’s highest court to review Bloomberg’s large soda ban

New York's Court of Appeals agreed Thursday to hear Mayor Michael Bloomberg's appeal of a decision striking down the so-called "soda ban." Credit: Getty Images
New York’s Court of Appeals agreed Thursday to hear Mayor Michael Bloomberg’s appeal of a decision striking down the so-called “soda ban.”
Credit: Getty Images

The city’s so-called “soda ban” will have yet another day in court.

New York state’s highest court agreed Thursday to hear Mayor Michael Bloomberg’s appeal of a decision striking down a law capping the size of sugary drinks in the city.

The Court of Appeals will not hear the case until after Bloomberg leaves office. While Democratic candidate for mayor Bill de Blasio previously said he supports the ban, Republican Joe Lhota said he would drop the appeal if elected.

The court made the decision after lower courts deemed the cap to be an overreach of executive power in July and March.

The ban, approved by the city’s Board of Health last fall, would limit the size of sugary beverages sold in restaurants and other eateries to 16 ounces.

The mayor noted in a statement Thursday that sugary drinks are a major driver of the obesity crisis. He said epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year, hitting black, Latino and low-income communities the hardest.

“New York City’s portion cap rule would help save lives, and we are confident the Appeals court will uphold the Board of Health’s rule,” Bloomberg said.

This summer, a mid-level court said in a unanimous decision that the board “failed to act within the bounds of its lawfully delegated authority” after passing the measure. In the decision, the court noted that the ban was not put to a City Council vote, though some members asked for one.

The American Beverage Association, one group that originally petitioned to strike down the law, said it was confident in the lower court decisions.

“The courts have agreed the Board of Health did not have the authority to pass this regulation,” a spokesman for the association said in a statement.

Follow Anna Sanders on Twitter: @AnnaESanders



News
Entertainment
Sports
Lifestyle
National

California passes 'yes-means-yes' campus sexual assault bill

Californian lawmakers passed a law on Thursday requiring universities to adopt "affirmative consent" language in their definitions of consensual sex, part of a nationwide drive to curb sexual assault on…

National

Syrian refugees top 3 million, half of all…

By Stephanie NebehayGENEVA (Reuters) - Three million Syrian refugees will have registered in neighboring countries as of Friday, but many remain trapped by the advance…

International

North Korean leader's money manager defects in Russia:…

A senior North Korean banking official who managed money for leader Kim Jong Un has defected in Russia and was seeking asylum in a third country, a South Korean newspaper…

Local

MAP: New York City Street Closures August 29,…

The Department of Transportation and NYPD said there may be residual delays near all of the street closures on August 29, 31 and 31. Several streets and avenues will be…

Going Out

'Friends' coffeehouse Central Perk coming to NYC —…

"Friends" is coming back for a one-off special: "The One with the Free Coffee." Warner Bros. is bringing a pop-up replica of Central Perk, the…

Movies

Interview: 'As Above, So Below' directors: 5 ways…

The fraternal directors of the found footage horror "As Above, So Below" dish on the best ways to frighten the bejesus out of audiences.

Movies

Criterion's new Jacques Demy box mixes the light…

Jacques Demy, the most effervescent of French New Wave filmmakers, gets a Criterion box all to himself, with classics like "The Umbrellas of Cherbourg."

Entertainment

Comedian Joan Rivers, 81, rushed to New York…

NEW YORK (Reuters) - Acerbic comedian and fashion critic Joan Rivers was rushed to Mount Sinai Hospital in New York on Thursday after she reportedly…

NFL

3 things we learned in the Giants preseason…

The final score didn’t matter — a 16-13 win by the Giants — but it would’ve been nice to finally see Big Blue’s new-look offense get on track.

NFL

NFL Power Rankings: Seahawks, Broncos, Patriots, 49ers start…

NFL Power Rankings: Seahawks, Broncos, Patriots start at top

U.S. Soccer

5 facts about new England captain Wayne Rooney

Manchester United striker Wayne Rooney was named as the new England captain by coach Roy Hodgson on Thursday.

NFL

Jets vs. Eagles: 3 things to watch

A win on Thursday night at the Eagles would give the Jets a 3-1 record and just their second winning preseason under head coach Rex Ryan.

Style

Trend: White hot on the 2014 Emmy's red…

White was one of the big trends on the Emmy's red carpet.

Food

Recipe: Samuel Adams beer-marinated grilled shrimp

Summer calls for two things: a cold beer and light food. Sam Adams' Latitude 48 IPA fairly bursts with citrus notes, making it an ideal marinade…

Wellbeing

4 healthy ingredient swaps to make your meals…

When it comes to eating well, everyone knows they could be doing better. But cooking in an apartment on a busy schedule is a recipe…

Wellbeing

Heart trumps brain when it comes to movies…

When you need a good cry, do you reach for the movie that’s “based on a true story”? Science says you’re giving your brain far…