Judge smacks down Bloomberg’s soda ban

A New York judge ruled Monday against Mayor Michael Bloomberg’s ban on 16 ounce and larger sugary drinks that was set to go into effect March 12.

Judge Tingling “suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him,” the Wall Street Journal reported.

The Judge found the restrictions Bloomberg wanted were “fraught with arbitrary and capricious consequences.” Enforcement would not have been the same from block to block, “much less the city as a whole….the loopholes in this rule effectively defeat the state purpose of the rule,” he said.

According to the Journal:

In his ruling, Judge Tingling found the Board of Health’s mission is to protect New Yorkers by providing regulations that prevent and protect against diseases. Those powers, he argued, don’t include the authority to “limit or ban a legal item under the guise of ‘controlling chronic disease.’ ”

The board may supervise and regulate the city’s food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

“That has not been demonstrated,” he wrote.

Read more from the Wall Street Journal here.

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