Case Updates
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.
U.S. Chamber amicus brief filed 5/9/13.
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
- NY Health Code 81.53-c aka Soda Ban or Portion Cap Rule.pdf
- Trial Court Decision and Opinion -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court).pdf
- Brief of Business Plaintiffs-Respondents -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court, Appellate).pdf
- Brief of NY Health Board Defendants-Petitioners -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court, Appellate).pdf
- Business Council of New York State, et al. Amicus Brief -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court, Appellate).pdf
- NY NAACP, et al. Amicus Brief -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court, Appellate).pdf
- NY Street Vendors Amicus Brief -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court, Appellate).pdf
- NYC Councilmembers Amicus Brief -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court, Appellate).pdf
- U.S. Chamber, et al. Amicus Brief -- NY Statewide Hispanic Coalition v. NY Health Board (NY Supreme Court, Appellate).pdf
- Decision -- NY Statewide Coalition of Hispanic Chambers of Commerce v. NY Dept of Health and Mental Hygiene.pdf
- U.S. Chamber Amicus Brief -- American Beverage Association v. NY Dept. of Health (NY Court of Appeals).pdf
- Opinion -- NY Statewide Hispanic Coalition of Hispanic Chambers of Commerce v. NY Dept. of Health (NY Court of Appeals).pdf