Philly Beverage Tax Survives Challenge In Pa. Appeals Court

By Matt Fair (June 14, 2017, 9:49 AM EDT) -- A Pennsylvania appeals court on Wednesday upheld Philadelphia's controversial tax on sweetened beverages after rejecting arguments that the levy was a legally impermissible duplication of the state's sales tax.

An en banc Commonwealth Court upheld conclusions reached by a Philadelphia County judge in December as he threw out a lawsuit filed by the American Beverage Association and other challengers looking to junk the city's 1.5-cent-per-ounce tax on sugary drinks and diet sodas.

The challengers have argued that Philadelphia tried to end-run the state's so-called Sterling Act, which allows the city to impose taxes only on subjects not already taxed by the state,...

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