New York City enjoined on soda ban

Published on: Mar 11, 2013

A state Supreme Court judge has stopped New York City from implementing its ban on the sale of large sugar-sweetened drinks that was scheduled to go into effect March 13. 

In a ruling March 11, New York Supreme Court Judge Milton Tingling said the city "is enjoined and permanently restrained from implementing or enforcing" the new regulation, which would have prohibited certain establishments from selling sugary drinks in cups and other servings larger than 16 oz.

The ban was proposed by Mayor Michael Bloomberg and adopted by the city's health department. It applied to delis, restaurants, street carts, movie theaters and sports stadiums but did not apply to convenience and grocery stores or to drive thrus, even drive thrus of affected restaurants (Feedstuffs, Oct. 1, 2012).

It also did not prohibit a consumer from ordering two 16 oz. servings of a desired drink.

Tingling, responding to a lawsuit brought by beverage, restaurant and theater interests (Feedstuffs, Oct. 22, 2012), said the regulation was "fraught with arbitrary and capricious consequences" and would be enforced unevenly block-by-block and citywide.

Violations would have been subject to $200 fines.