Court Decision
On June 26, 2014, the New York Court of Appeals (that's its highest court) finally released its decision regarding former New York City Mayor Bloomberg's controversial soda ban. The decision puts an end outright to the ban, satisfying some, but the the chagrin of many public health advocates.
The court struck down the soda ban, enacted under the auspices of the rule making authority of the New York Department of Public Health, because the regulation exceeded the health department's regulatory authority. The reason why: the prohibition on soda size constituted lawmaking.
The ban disallowed the serving of sugary drinks in food service establishments in portions exceeding 16 ounces. Of note, the portion size limits did not apply to supermarkets and convenience stores for the simple reason that the health department lacked jurisdiction.
After determining that the health department lacked authority to enact law, the court held that the soda size restrictions constituted lawmaking, and thus exceeded the authority of the department. The ban attempted "to resolve difficult social problems by making choices among competing ends." Comparing the ban to regulations on tobacco, the court held that because the soda ban required the weighing of purely policy questions, it was a legislative matter. Since legislative matters must be left to legislative bodies, the health department exceeded its authority.
Somewhat ironically, the court used fact that the department attempted to assuage the sugary beverage industry by not enacting an outright ban of all sodas against the health department, concluding that striking such a balance indicated the legislative nature of the regulation.
Neil Pederson, J.D. Expected 2015, William Mitchell College of Law.
Photo Credit: http://www.morguefile.com/archive/display/4030
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