New York High Court to Review NYC Soda-Size Restrictions

According to a news source, the New York Court of Appeals, the state’s highest court, has agreed to hear New York City’s appeal of a decision striking down a board of health rule that would have imposed caps on the size of sugar-sweetened beverages sold at certain venues. Details about the intermediate appellate court opinion affirming a lower court’s invalidation of the rule under separation-of-powers principles appear in Issue 492 of this Update. Mayor Michael Bloomberg responded to the court’s ruling by stating, “The related epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year and striking hardest in black and Latino communities and low-income neighborhoods. New York City’s portion cap rule would help save lives, and we are confident the appeals court will uphold the Board of Health’s rule.” The case is expected to be argued after January 1, 2014. See Law360, October 17, 2013.

Issue 500