New York s attempt to ban super-sized sodas is back in the news today, but this may be the last we hear of it. A New York appeals court officially ruled yesterday that the ban was unconstitutional. The panel of judges declared that, the board acted too much like a legislature in trying to ban the sale of sugary drinks in containers larger than 16 ounces. We declare the regulation to be invalid, as violative of the principle of separation of powers.
The first time this ban was blocked was back in March by a New York Supreme Court judge. Mayor Bloomberg continued to fight for the ban arguing in an appeal that the health agency s move was reasonable given the benefits of reducing the size of the default portions of sugary beverages and that the NYC Board of Health has been vested with the power to act on any health related manner. However that appeal was defeated in June by the Supreme Court s first appellate division.
The ruling on Tuesday also emphasized the point that the Bloomberg administration was actually doing too much, arguing that the Board of Health does not have the power to regulate the decisions made by the people of New York relating to matters of public health.
ACSH is in complete agreement with this current ruling. Associate Director of Public Health, Ariel Savransky, adds, Hopefully this is the last time we ll hear about the soda ban. There is no scientific research supporting the idea that this kind of ban could even be effective at reducing obesity rates. If the NYC Board of Health really wants to make an impact in the fight against obesity, it would be wiser to target other areas in which they may have some regulatory power, such as physical education programs in schools.