A New York Court of Appeals must consider whether to allow New York City to ban oversized sodas and other large sugary drinks at city restaurants as part of its war on diabetes and obesity.
Today, justices (judges) the state's Court of Appeals questioned a New York City lawyer with tough questions aimed at determining whether health officials had exceeded authority in placing a 16 ounce limit on most sweetened beverages at city-licensed eateries.
The city's Board of Health enacted a rule last year that would put a 16-ounce limit on sweetened beverages at all city-licensed eateries. The regulation would apply to fast food joints, fine restaurants and sports stadiums. However, it would not apply to grocery stores.
Last March, a state judge struck down the regulations, reasoning that they had too many loopholes that would undermine the health benefits and also that the regulations were unfairly applied to some businesses but not others. A state appeals court heard arguments from both sides today. A decision isn't expected for some time.