Soda Makers Sue NYC Over 16-Ounce Limit

Bloomberg rep calls the lawsuit 'predictable, yet baseless'
By Neal Colgrass,  Newser Staff
Posted Oct 12, 2012 4:48 PM CDT
Luke Husemann, and Christina Nunez of Baltimore sip on extra-large soft drinks at a fast-food restaurant in New York, Thursday, Sept. 13, 2012.    (AP Photo/Kathy Willens)

(Newser) – New York City's ban on big sodas may have passed easily, but a coalition of labor and business groups fought back today by filing a lawsuit, the New York Times reports. The suit contends that city officials imposed the 16-ounce limit by "executive fiat" without allowing City Council to pass a vote. The ban—set to start in March—"represents a dramatic departure from the powers traditionally exercised" by New York health officials, according to the lawsuit.

A spokesman for Mayor Michael Bloomberg said the Board of Health has jurisdiction over health matters, and obesity kills almost 6,000 New Yorkers every year—so the soda ban "unquestionably falls under its purview." He called the 61-page suit "predictable, yet baseless," adding that it "fortunately will help put an even greater spotlight on the obesity epidemic." (Read more soda stories.)

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