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New York's highest court has dealt a final blow to former New York City mayor Michael Bloomberg's quest to ban the sales of large sugary drinks.
In 2012, the city's health department passed a ban on sugary drinks bigger than 16 ounces. A lower court judge quickly issued an injunction against the regulation, stopping its enforcement. Both a trial court and appeals court ruled against the city.
Nevertheless, the Bloomberg and then De Blasio administrations pursued the ban's reinstatement to New York's highest court, where a divided seven judge panel struck down the "portion cap rule".
"Regardless of who or which arm of government first proposed or drafted the Portion Cap Rule, and regardless of whether the board exercised its considerable professional expertise or merely rubber-stamped a rule drafted outside the agency, the Portion Cap Rule is invalid," wrote Judge Eugene F Pigott Jr for the four-judge majority.
In a show of just how much controversy the ban attracted, among the public and otherwise, two judges dissented, calling the decision an "uphappy result". The judges said the board of health was well within its authority to make rules about sugary drinks.
"What petitioners have truly asked the courts to do is to strike down an unpopular regulation, not an illegal one," wrote Judge Susan P Read. She was joined by chief judge Jonathan Lippman.
A swath of industry groups sued the New York City health department to oppose the ban. The court accepted several friend-of-the-court briefs from law professors, medical professionals and lobbying organizations arguing for and against the ban.
Those opposed to the ban faulted a rule riddled with loopholes. For example, restaurants were barred from selling customers sugary drinks bigger than 16 ounces, but food carts, bodegas and grocers were exempt. Sugary coffee and milk drinks were also exempt.
Those arguing for the ban, such as the city's attorney, said the drinks were, "the largest source of added sugar in the American diet."
"Forty percent of added sugar comes from sugary drinks," said Richard Dearing, the city's attorney, according to the Associated Press. "They're empty calories. They don't provide nutritional value. ... They're not filling. What that means is when you consume calories from sugary drinks, you don't reduce other caloric consumption."
During oral arguments, Dearing argued that the health department could limit all sorts of food items.
“What if a study said hamburgers are bad and there’s not one good thing about them?” Lippman asked. “You can ban the triple deckers, all three patties?"
Dearing responded that the city could indeed ban hamburgers, or at least cap their size, if it had science on its side, Reuters reported.
"Today’s ruling does not change the fact that sugary drink consumption is a key driver of the obesity epidemic," said city health commissioner Mary Bassett, responding to the ruling, Thursday.
"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," she said.
The National Restaurant Association, which joined the lawsuit with several other industry lobbying groups, called the decision a "victory".
“This is an important victory for the thousands of restaurant operators and industry suppliers serving New York City who would have experienced financial hardships had the ban been enacted,” said Dawn Sweeney, CEO of the National Restaurant Association. “We look forward to working with public health officials to engage in a constructive dialogue that will have a positive and sustained impact on the people of New York City.”
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