NY Soda Ruling May Scare Off Other Health Edicts

Law360, New York (March 13, 2013, 8:49 PM EDT) -- The judicial takedown of New York City's controversial large-soda ban on Monday will likely convince other cities and states that they should not impose sweeping public health mandates through their executive branch, but rather take their chances with the legislative process.

A New York state judge struck down the rule — which forbids restaurants, delis and other places from selling certain sugary drinks in sizes larger than 16 ounces — on several grounds, including the New York City Board of Health's lack of authority to approve it. Only the City Council can pass public health rules like the soda ban, the...

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