By Joe Anuta
The Bloomberg administration was back in court this week arguing for the legality of its proposed regulations on the size of sugary drinks — a day after releasing dire diabetes statistics for the city.
Mayor Michael Bloomberg’s cap on sugary drinks larger than 16 ounces was quashed by a lower court judge in March.
But the city’s legal team took their case to a Manhattan state appellate court Tuesday, attempting to sway a panel of judges that capping the size of sugary drinks is within the legal right of the city.
“The Board of Health took reasonable and completely appropriate steps to combat the city’s growing obesity epidemic,” city attorney Fay Ng said in a statement. “Adopting the portion cap rule was in the scope of the board’s authority and an effective response to this public health emergency. We look forward to the court’s review of this issue.”
But the American Beverage Association, the trade association that initiated the court proceeding, disagreed.
“It was decided in the lower court that the Board of Health overstepped its authority by trying to issue new policy,” the association said in a statement. “While we commend the city for its commitment to health and wellness, the ban would have arbitrarily and disproportionately penalized small businesses. This is not the way to address the complex issue of obesity.”
The appellate case, which sources said may last several weeks or into the fall, began just a day after the Health Department released statistics showing diabetes rates at an all-time city high.
“Diabetes is a condition that too many people live with and die from,” Health Commissioner Thomas Farley said in a statement accompanying the department’s report. “It is linked to our epidemic of obesity, and like obesity, it can be prevented.”
Reach reporter Joe Anuta by e-mail at januta@cnglocal.com or by phone at 718-260-4566.
