Mayor Michael Bloomberg wants to limit New Yorkers' sugar consumption and calls it "portion control" not a ban.
Talk about a sugar high.New York City's soft drink sellers celebrated a sweet victory Monday when Mayor Michael Bloomberg's controversial ban on large-size sugary beverages was overturned by a New York state judge.
"We're excited. We're happy," said Russell Levinson, general manager of Movieworld in Queens. He said he is relieved that, at least for now, the theater doesn't have to ditch the four drink sizes that would have been banned under the new regulations.
The size limit had been set to take effect Tuesday.
On Monday afternoon, New York Supreme Court Judge Milton Tingling ruled that the city health board didn't have the authority to limit or ban a legal item under the guise of "controlling a chronic disease."
"The Board of Health may supervise and regulate the food supply of the city when it affects public health," and can do so when the city "is facing imminent danger due to disease," but that was not proven in this case, Tingling said in his written decision.
The limit put a 16-ounce cap on sweetened bottled drinks and fountain beverages sold at city restaurants, delis, movie theaters, sports venues and street carts.
The size limit applied to beverages with more than 25 calories per 8 ounces. It didn't include 100% juice drinks or beverages with more than 50% milk.
"We are elated with today's decision," the National Association of Theatre Owners said in a written statement. "This issue was never about obesity, nor about soda. This was all about power. The court rejected the mayor's attempt to unilaterally tell New Yorkers what to drink."
At a news conference Monday evening, Bloomberg said he disagreed with the court decision and that the city would appeal. With a rising number of overweight and obese people, he said, "it is reasonable and responsible to draw a line."
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