Politicians look to appeal soda ban decision

Reaffirming their conviction that sugary beverages are the culprits in the obesity epidemic, Mayor Michael Bloomberg and Corporation Counsel Michael Cardozo, say they will appeal the state court’s most recent decision stopping the ban on the sale of large sodas in restaurants from taking effect.

On Tuesday July 30, the Appellate Division, First Department issued a ruling upholding State Supreme Court Justice Milton Tingling’s March decision to prevent the soda ban previously announced by the city Department of Health from being enacted.

“We firmly disagree with the court’s reasoning and will seek to appeal to the Court of Appeals as quickly as possible,” said Cardozo. “There is broad precedent for the Board of Health to adopt measures to protect New Yorkers’ public health.”

According to Bloomberg more than 2,000 New Yorkers have died from diabetes since Tingling’s ruling on the ban that would have gone into effect Tuesday March 12 and which would have prohibited city businesses from selling drinks with more than 25 calories per eight-ounce serving, if the product is larger than 16 ounces.

Bloomberg cited a finding by the New England Journal of Medicine showing the deadly and irreversible impacts of obesity and Type 2 diabetes on public consumption.

“Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” said the mayor.

However, not everyone agrees. Assemblymember Dov Hikind is among those who do not believe that the government should have the ability to regulate public consumption.

“That’s going a wee bit too far,” Hikind said on the matter, “I hope the mayor lets this go now.”