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NYC goes to court to try to revive soda ban 

 / Updated 
Soft drinks are on display during a baseball game between the New York Mets and the Washington Nationals Wednesday, Sept. 12, 2012, in New York.
Soft drinks are on display during a baseball game between the New York Mets and the Washington Nationals Wednesday, Sept. 12, 2012, in New York.Frank Franklin II / AP

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Lawyers for New York Mayor Michael Bloomberg's administration will try to convince an appeals court on Tuesday to reinstate a ban on large sugary drinks, three months after a judge struck it down at the 11th hour as an illegal overreach of executive power.

The law, one of Bloomberg's signature public health policies, would have barred sugary drinks larger than 16-ounces from businesses under the city health department's authority, including restaurants, movie theaters and other food-service establishments. The ban did not apply to businesses that are not subject to health inspections, including convenience stores such as 7-Eleven.

The beverage and restaurant industries challenged the law in court. In March, a day before the law was to take effect, State Supreme Court Justice Milton Tingling in Manhattan invalidated it on two grounds: that the ban's exceptions made it arbitrary and that the mayoral-appointed health board improperly sidestepped the city council when it passed the law in September 2012 without legislative approval.

After Tuesday's arguments before a panel of judges at the state Supreme Court's Appellate Division, it could take months for the court to issue a ruling.

Bloomberg steps down from his third and final term as mayor at the end of the year and it remains unclear whether his successor will try to impose the ban.

The outcome of the case could have long-term implications for future mayors who want to address public health issues such as obesity, both sides have said.

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