New York City soda ban health fallout: Bloomberg's legislation struck down... Now what?

Published: Tuesday, March 12 2013 12:00 a.m. MDT

NYC mayor proposed a plan to ban large sugary drinks, but it was struck down. The Huffington Post talks about what will happen now that the plan has been struck down.

"If all had gone according to NYC Mayor Michael R. Bloomberg's plan, today would have been the first day without super-sized beverages in New York City.

"Known as the 'soda ban,' Bloomberg's legislation put a cap on the number of ounces of sugary, calorie-laden drinks available for sale in the city. If it hadn't been struck down, restaurants, fast food joints, pizza parlors, movie theaters and bars would currently be unable to sell more than 16 ounce containers of sugary drinks that have more than 25 calories per ounce. That means: sodas, energy drinks, sports drinks, juice drinks, slushies and smoothies, among other beverages. Exceptions include alcohol and milk-based drinks.

"But in a last-minute ruling, State Supreme Court Justice Milton Tingling dismissed the law, explaining that the New York City's Board of Health lacked the jurisdiction to enforce it. He further went on to find that the rule was 'arbitrary and capricious' -- that it did not accomplish what it set out to do. Or, as HuffPost Live host (and resident legal expert) Mike Sacks put it, 'law-speak for too stupid to be legal.'"

Read more about soda bans on Huffington Post.

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