An appeals court today dealt another blow to Mayor Michael Bloomberg’s proposed soda ban, calling the controversial regulation “invalid” because it violates “the principle of separation of powers.”
Writing for the Appellate Division, Justice Renwick also criticized Bloomberg and the Health Department for proposing a ban with giant loopholes, which would exclude colas and energy drinks but allow milkshakes and fruit juices. Similarly businesses like delis and restaurants were prevented from hawking sugary beverages but 7-Eleven could still sell its signature Big Gulp.
The judicial panel said those inconsistencies go “beyond health concerns, in that it manipulates choices to try to change consumer norms.”
FULL STORY: Appeals court upholds ruling slapping down Mayor Bloomberg’s soda ban