New York Court of Appeals

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New York appellate court upholds ruling invalidating New York City's “soda ban,” New York's highest court will now review

June 26, 2014

New York’s Court of Appeals said in a 4-2 decision that the city’s health board lacked authority to impose the ban.

Previously, The New York Supreme Court, Appellate Division upheld the lower court’s decision. The court stated “Like Supreme Court, we conclude that in promulgating this regulation the Board of Health failed to act within the bounds of its lawfully delegated authority”.

Prior to that, the New York Supreme Court invalidated the soda ban because the health board that issued the ban usurped the legislature's authority, and because the ban was arbitrary and capricious in violation of New York administrative law.

Oral argument held 6/11/2013.

Decided by New York Supreme Court, Appellate Division 7/30/13.

U.S. Chamber amicus brief filed 4/25/2014.

Decided by New York State Court of Appeals 6/26/2014.

Case Documents