Beverage Companies Fire Back In Court Over NYC Drink Ban

The lawsuit to save big beverages on the streets of New York was filed Oct. 12 in Manhattan. Plaintiffs, including soft-drink companies, the American Beverage Association and the National Restaurant Association, filed the suit seeking to block New York Mayor Michael Bloomberg’s upcoming ban on large sugary drinks.

The suit claims that the mayor’s Board of Health overstepped its authority when it passed the regulation and asserts that the power to approve such legislation lies solely with the city council. The lawsuit asks the court to bar the law before it can take effect next March.

The plaintiffs call the ban an infringement of personal freedom and claim the rule is "arbitrary and capricious" because it applies only to some businesses and targets only certain types of beverages.

"Delis and hot-dog stands are barred from selling a 20-oz. lemonade, but the 7-Eleven a few feet away remains free to sell Big Gulps," the lawsuit states.

The ban defines a sugary drink as a beverage that includes sugar or another caloric sweetener, has more than 25 calories per 8 oz. and does not contain more than 50% of milk by volume.