Appellate court upholds ruling that sugary drink ban is unconstitutional

Yesterday, the First Division of the state Supreme Court’s Appellate Division upheld a March New York Supreme Court ruling that found New York City’s push to ban large, sugary drinks from being sold at restaurants and other recreational facilities as being unconstitutional.

“Like the Supreme Court, we conclude that in promulgating this regulation the Board of Health failed to act within the bounds of its lawfully delegated authority,” appellate judges wrote in a unanimous decision.

Many business groups fought the ban, including The Business Council of New York State which joined a diverse coalition of business groups and elected officials in filing amicus briefs with the state’s Appellate Court to oppose the ban.

“Banning beverages would adversely impact many of New York City’s small businesses,” said Heather C. Briccetti, Esq., president and CEO of The Business Council.  “The ban is arbitrary, creates an unfair playing field among businesses and imposes new restrictions on businesses and consumers alike.”

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