“Sugary Drink” Ban – New York

A state judge invalidated New York’s so-called “sugary drink” ban, which was to come into effect on March 13, 2013, holding the regulation to be “arbitrary and capricious.”  The new law would have banned sales by food service establishments of “sugary drinks” larger than 16 ounces in the City of New York.  The law utilized an expansive definition of “sugary drink,” to include any carbonated or non-carbonated beverage that is (i) non-alcoholic, (ii) sweetened by the manufacturer or establishment with sugar or another caloric sweetener, (iii) has greater than 25 calories per eight fluid ounces of beverage; and (iv) contains no more than 50 percent of milk or milk substitute by volume as an ingredient.  The City of New York has appealed the ruling.