Appeals court will consider blocked NYC soda ban on Tuesday

By Joseph Ax

NEW YORK (Reuters) - Lawyers for New York Mayor Michael Bloomberg's administration will try to convince an appeals court on Tuesday to reinstate a ban on large sugary drinks, three months after a judge struck it down at the 11th hour as an illegal overreach of executive power.

The law, one of Bloomberg's signature public health policies, would have barred sugary drinks larger than 16-ounces from businesses under the city health department's authority, including restaurants, movie theaters and other food-service establishments. The ban did not apply to businesses that are not subject to health inspections, including convenience stores such as 7-Eleven.

The beverage and restaurant industries challenged the law in court. In March, a day before the law was to take effect, State Supreme Court Justice Milton Tingling in Manhattan invalidated it on two grounds: that the ban's exceptions made it arbitrary and that the mayoral-appointed health board improperly sidestepped the city council when it passed the law in September 2012 without legislative approval.

After Tuesday's arguments before a panel of judges at the state Supreme Court's Appellate Division, it could take months for the court to issue a ruling.

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