We’re all for encouraging people to pass on big sugary sodas and consume healthy foods and beverages.
But we have always contended that New York City’s ban on selling large cups of soda was a step too far, allowing government to intrude on personal liberty.
And when a judge on Monday overturned the ban, we thought it was the right call.
Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan issued a permanent injunction against the New York City Board of Health decision to ban the sale of sugary drinks in cups larger than 16 ounces.
Not only did the justice find the ban arbitrary and capricious, since it did not attempt to regulate other highly caloric big drinks. In addition, it didn’t apply to sales outlets that were not under the purview of the board of health, such as convenience stores.
The justice also found the board of health overstepped its authority in implementing the ban.
“The Portion Cap Rule, if upheld, would create an administrative Leviathan and violate the separation of powers doctrine,” Tingling wrote.
The Bloomberg administration has vowed to appeal, but it seems for now that freedom of choice has prevailed.