Earlier today, the state Supreme Court blocked New York City’s controversial attempt to ban large cups for sugary drinks in restaurants and other food establishments. The ruling, which you can view below, blasted the ban as “arbitrary and capricious,” ultimately creating “an administrative Leviathan.” The rules were scheduled to go into effect tomorrow.
“It is arbitrary and capricious because it applies to some but not all food establishments in the City, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds and the loopholes inherent in the Rule, including but not limited to no limitations on re-fills, defeat and/or serve to gut the purpose of the Rule,” Judge Milton Tingling ruled.
Today, the Board of Health approved Mayor Michael Bloomberg’s ban on large sugary drinks. This provoked a predictably outraged response from the group New Yorkers for Beverage Choices, a group with close ties to the soda industrythat was formed to oppose the ban on sugary drinks over 16 ounces being sold in restaurants or concession stands, which pointed to the number of Board of Health members appointed by Mr. Bloomberg and cast the ban’s approval as a political fix.