New York’s highest court has upheld a lower court’s decision to overturn the 2012 ban on the sale of sugar-sweetened drinks larger than 16 ounces.
The National Restaurant Association joined the American Beverage Association and others in filing a lawsuit challenging the ban, saying the Board of Health acted unlawfully outside of its scope of powers and subjected restaurateurs to a standard that many of its competitors, including groceries and c-stores, didn’t have to meet.
“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,” says Dawn Sweeney, President and CEO of the National Restaurant Association. “We are pleased that this final ruling recognized that the Board of Health exceeded its authority when it initially passed the ban. As we have said, 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.”