Beverage Industry Sues Over NYC Soda Ban

New York Mayor Michael Bloomberg’s soda ban is being challenged by the American Beverage Association and a number of smaller trade groups in court.

According to Reuters, the ABA filed a lawsuit today claiming that Bloomberg overstepped his authority when he passed the soda ban. The lawsuit states that only the city council has the power to impose a soda ban in New York. The ABA is hoping to have the ban overturned before it goes into effect next Spring.

Bloomberg’s administration dismissed the claim saying that the Board Of Health “absolutely has the authority to regulate matters affecting health, and the obesity crisis killing nearly 6,000 New Yorkers a year — and impacting the lives of thousands more — unquestionably falls under its purview.”

The soda ban is Bloomberg’s latest effort to make New York a healthier city. NYC has strict regulations on cigarette smoking and also requires restaurants to post calorie counts on their menus.

Bloomberg’s spokesman, Marc LaVorgna, said that he expected to see a legal challenge against the soda ban but wasn’t worried about the case.

LaVorgna told the NY Times:

“This predictable, yet baseless, lawsuit fortunately will help put an even greater spotlight on the obesity epidemic, the only preventable public health issue getting worse in America. Industry tried to stop the city’s smoking ban. Industry sued the city to stop calorie counts. Not only did those efforts fail, but our policies have been adopted in cities and states across the country.”

What do you think about New York’s soda ban? Do you think the ABA will be able to get the law overturned?