US: NYC signals plans for appeal over soda ban ruling - reports

By James Wilmore | 13 March 2013

The ban has not come into effect, but the city's administration is not giving up hope

New York City's administration has filed plans to appeal against a judge's decision to reject a proposed ban on large sugary drinks, according to reports.

The five-page notice of appeal has branded Judge Milton Tingling's decision on Monday (11 March) to throw out the ban on servings larger than 16oz ((47.3cl) as “contrary to law”, the media organisation Bloomberg has reported. Judge Tingling had called the ban, which has been strongly opposed by the beverage industry, “arbitrary and capricious”.

Michael Cardozo, corporation counsel of the city’s law department, was quoted as saying: “We believe the judge was wrong in rejecting this important public health initiative. We also feel he took an unduly narrow view of the Board of Health’s powers.”

New York City's mayor Michael Bloomberg said he believed the judge's decision was an "error". The American Beveage Association, meanwhile, said it would offer a "sigh of relief" to New Yorkers and thousands of small businesses.

Meanwhile, senior doctor and author Deborah Cohen has claimed that the judge's ruling could usher in a new law that will go further by applying to all sugary drinks and vendors.

Sectors: Legislation, Soft drinks