Appellate Court Upholds Judge Tingling’s Decision Striking Down Soda Ban

Today a state appellate court unanimously affirmed Judge Tingling’s March 11, 2013 decision striking down New York City’s soda ban.

The decision holds that “the Board of Health overstepped the boundaries of its lawfully delegated authority when it promulgated the Portion Cap Rule to curtail the consumption of soda drinks” and “therefore violated the state principle of separation of powers.”

Share This: