Beverage companies argued that the ban was inconsistent since it would still allow grocery and convenience stores to sell sugary drinks in any size. Convenience stores do not fall under the jurisdiction of the Board of Health. One could still buy a Big Gulp at the corner store but would have to purchase two smaller drinks at the next door McDonald’s to get the equivalent amount.
NY State Supreme Court Justice Milton Tingling ruled the new regulation was “arbitrary and capricious” and declared it invalid.
Tingling ruled, New York City Mayor Michael Bloomberg and the city’s Board of Health did not have the authority to issue the soda ban. You can read the full text of the ruling here.
The ban would have prohibited the city’s food-service businesses from selling sugary drinks larger than 16 ounce. Bloomberg’s Nanny policy will be placed on hold until after an appeal which the mayor stated, is sure to be overturned.
Fellow big government advocate Piers Morgan suggested that Mayor Bloomberg’s soda large soda ban was good for Americans. “I think people need the nanny state occasionally, particularly on issues like smoking, drinking, guzzling sodas that are too big for them, eating 16 Big Macs a day,” Morgan stated. “Whatever it may be, the reality is we all need a little bit of nannying about us.”
Sorry Piers. Today you can still order a pizza and get a two-liter bottle of soda or order a large drink with your Big Mac. It’s a sweet victory as individual rights are preserved…at least for the moment.