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City Appeals Soda Size Ruling

Thursday, March 28, 2013

soda ban The city shows just how much sugar is in different sizes of drinks. (Fred Mogul/WNYC)

The city is asking a state appeals court to overturn a judge's ruling earlier this month rejecting Mayor Michael Bloomberg's controversial plan to limit the size of sugary soft drinks.

In a brief filed Thursday, attorneys for the city challenged the March 11 decision by Judge Milton A. Tingling Jr.

Tingling said the Health Board—which is appointed by the mayor—overstepped its authority by issuing a rule-change, rather than going through the City Council and passing a new law. The city in its brief maintained the Health Board has the power to craft such regulations and said Tingling "erred" in his reading of the city charter. City attorneys also challenged Tingling's description of the soda size rule as "arbitrary and capricious," arguing that it is a reasonable and limited response to the obesity epidemic.

The city's opponents have 30 days to respond. Arguments in the appeals court are expected to take place in early June.

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Comments [1]

Gordon from Canada

It's way overdue for the Food Industry to be accountable for their role in marketing and sales of their products. Poor quality food design to become additive leading to gross overweight people and a extreme tax burden to the health system. These companies hid behind the laws to manpulate society in thinking that they are good citizens. The truth is their goal is soley profit for their shareholders. Shame on the shareholders whoese only goal is to profit no matter what the cost to society. They must feel good in church with their pretty clothes!!!!!!

Mar. 28 2013 07:03 PM

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