In the continuing saga of the legal challenge over the campaign against large sugary drinks, New York City faced another setback when the decision that the ban was unconstitutional was upheld on appeal.  The regulation banned the sale of sodas and other sugary drinks that are larger than 16 ounces.  The ban was struck down and that decision was upheld on appeals because of the exceptions built into the law.

The ban was on drinks with more than 25 calories in every eight ounces of the beverage.  It could have been originally manufactured as sweetened or a caloric sweetener was later added in.  Certain beverages were exempted, including pure fruit juices or fruit smoothies, drinks that are more than half milk including milkshakes, alcoholic beverages, and calorie-free diet sodas.  Coffee beverages that were sweetened and were composed of less than 50 percent milk come under the purview of the ban.

New York City only applied the ban to certain establishments, based on venues that came under the jurisdiction of the New York City Health Department grades.  This meant that supermarkets, vending machines, and convenience stores were exempted.  However, major chain venues and concession stands at applicable venues, such as movie theaters, would come under the ban.  With the unequal application of the ban to different drinks and businesses, the ban was struck down.  It makes the ban appear arbitrary and the court expressed concerns that the loopholes swallowed the entire purpose of the ban.

Mayor Michael Bloomberg continues to support the city’s position on the soda ban.  The appellate court was unanimous in its ruling, but Bloomberg insists that they will push forward on the soda ban.  Bloomberg points to the 2,000 New Yorkers that have died as a result of diabetes since the initial court decision blocking the soda ban.

The soda ban was also shown to successfully target the obese, rather than disproportionately affect the poor as some critics claimed it would.  That study, published in the American Journal of Clinical Nutrition, found that there was a modest reduction in caloric intake and impact on consumption behaviors.  The researchers found no differences in impact based on income groups.  Also since the initial block on the soda ban, the New England Journal of Medicine released a study that showed a strong link between consumption of sugary drinks and the deadly health impacts of obesity and type 2 diabetes.  By limiting consumption, it may be possible to prevent these conditions.