ALBANY — Big sugary sodas have won a big victory in New York’s highest court.
The Court of Appeals on Thursday upheld lower court rulings that the city’s Board of Health exceeded its authority in 2012 by enacting former Mayor Michael Bloomberg’s ban on large sugary beverages.
“By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York,” Judge Eugene F. Pigott wrote for the majority in 4-2 decision.
The ruling likely strikes the final legal blow to the controversial policy enacted by the Bloomberg administration to ban large sugary beverages over 16 ounces.
Mayor de Blasio, who agreed that the drinks should be restricted, continued to appeal even after Bloomberg left office, arguing the policy was necessary to combat the growing problem of obesity.
“We are extremely disappointed by today’s court decision that prevents the city from implementing a sugary drink portion cap policy,” said de Blasio. “The city is actively reviewing all of its options to protect the health and well-being of our communities.”
Health Commissioner Mary Bassett vowed to continue the previous administration’s fight against sugary drinks and other sweets that propel obesity.
Today’s ruling does not change the fact that sugary drink consumption is a key driver of the obesity epidemic, and we will continue to look for ways to stem the twin epidemics of obesity and type 2 diabetes by seeking to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods,” Bassett said in a statement.
In arguments before the court earlier this month, city attorney Richard Dearing argued the 2012 regulation was a reasonable and science-based effort to combat obesity.
Critics, including the American Beverage Association, had argued that only the City Council or state Legislature could enact such a broad regulation.
“We are pleased that the lower courts’ decisions were upheld,” said Christopher Gindlesperger of the American Beverage Association.
“It would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice,” Gindlesperger said. “With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on New Yorkers and families across the country.”
In a dissenting opinion, Judge Susan Read said the court’s ruling would curtail the Board of Health’s ability to deal with public health threats of the 21st century.
“While my colleagues in the majority may be troubled by this state of affairs, it is not their proper role to change it,” Read wrote.
Bloomberg released a statement defending his failed policy initiative, saying it sparked a national conversation about the obesity crisis.
“Due to today’s unfortunate ruling, more people in New York City will die from obesity-related impacts,” he said.
