In a 4-2 decision last week, the Court of Appeals held that New York’s “Sugary Drinks Portion Cap Rule” was invalid in In the Matter of New York Statewide Coalition of Hispanic Chambers of Commerce v. NYC Department of Health and Mental Hygiene.
The ban was initially proposed by former mayor, Michael Bloomberg, who pushed for the portion cap in 2012 as part of his administration’s focus on public health. The rule banned food service establishments to sell or offer cups or containers that can contain more than 16 fluid ounces of sugary drinks. As the court described, the ban was meant to “promote a healthy diet without significantly affecting the beverage industry.” A year ago, the Supreme Court found the rule invalid, holding that it was arbitrary and capricious as it excluded certain businesses regulated by the state. The Appellate Division affirmed that the rule was invalid, but held that the Board of Health overstepped the boundaries of its lawmaking authority, violating the state’s separation of powers.
The Court of Appealed affirmed the Appellate Division’s ruling. The Court held that the Board of Health’s role is regulation, not legislation. The Portion Cap Rule crossed the line between administrative rule-making and legislative policy-making and was therefore invalid. The Board of Health’s decision to discourage the consumption of sugary drinks by regulating the size of containers raised difficult, intricate and controversial issues of social policy which exceeded its authority.
Thanks to Anne C. Mulcahy for her contribution.