New York Soda Ban Is Vetoed By State Supreme Court

Early in 2012, New York Mayor Michael R. Bloomberg attempted to ban any sugary drinks in containers that were bigger than 16 ounces. As bad as sugary drinks may be for people, that’s a pretty ridiculous law that would affect everyone from pizza delivery services to movie theaters, not to mention the average consumer, who may opt to purchase large soft drinks as a treat every once and a while (Am I right Big Gulp lovers?). However, the American Beverage Association fought back, suing over Bloomberg’s right to implement the ban. Now, a judge has spoken and unsurprisingly, the American Beverage Association earned the win.

State Supreme Court Justice Milton Tingling announced on Monday that the soda ban was invalid, meaning Mayor Bloomberg is back at square one. The man initially wanted to ban large sodas as part of his fight against obesity and toward healthier individuals, but unfortunately, the law was seen as a fight against the personal liberty of the consumer as well as an unfair ban, since certain stores would still be allowed to sell beverages larger than 16 ounces while outlets like restaurants would not.

The man wasn’t all wrong in his assessment, but his application was incorrect. According to Reuters, Tingling called the regulation “arbitrary and capricious” and nixed the law just one day before it was set to go into effect. Now, I’m wondering if the last-minute save of large beverages in New York is actually still going to screw over New Yorkers who like big drinks for the next few days. If all restaurants have been transitioning away from the big cups, it could be some time before those businesses get new orders in. For businesses, that's probably a good problem to have.