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National Restaurant Association - New York City beverage ban appeal to be heard in June

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New York City beverage ban appeal to be heard in June

The battle over banning larger-sized sugary beverages in New York is continuing as attorneys for the city begin preparing to retry the case in appellate court in June.

The city lost the case that would have banned sugar sweetened beverages larger than 16 ounces on March 11, when State Supreme Court Justice Milton Tingling ruled it was unlawful. Attorneys for the city filed for an appeal March 12.

The city will submit its brief March 25, and the plaintiffs, including the National Restaurant Association and the American Beverage Association among others, must respond by April 24. The case is expected to be heard during the week of June 3.

The New York City Department of Health & Mental Hygiene passed the ban late last year, saying it would help curb the obesity crisis affecting New York City. The judge’s decision to strike it down came just one day before the ban’s enactment. Had the city won its case, restaurants, delis, stadiums and arenas, concession stands and food carts would have been prohibited from selling sugar-sweetened beverages in containers above 16 ounces.

Banned beverages would have included soda, sweetened iced tea, some smoothies and coffee drinks and lemonade.

In his ruling, Justice Tingling indicated that the ruling was arbitrary and capricious because it applied to some, but not all foodservice establishments, and applied to some, but not all, sugary beverages. He also stated that the Board of Health had overstepped its authority in passing the ruling.

The NRA has said the decision “is a great victory, particularly for thousands of restaurant operators and industry suppliers serving New York City who would have experienced financial hardships had the ban been enacted.”

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