Legal challenges to New York sugary drink ban may fail

Experts expect Mayor Bloomberg’s proposal to pass, say questioning its constitutionality may be only chance

Despite seemingly getting flayed in the court of public opinion last week, New York Mayor Michael Bloomberg may not have much trouble defending his controversial drink ban in a court of law.

Reuters yesterday reported that experts tend to agree that if any of the industry groups that would be affected by the potential ban filed lawsuits seeking to quash the proposal, they likely would be hard-pressed to prevail.

Reuters says that industry interest groups, such as the National Restaurant Association or the American Beverage Association, are more likely than individual companies to file lawsuits challenging the ban, but it’s too soon to tell what specific legal claims they may present.

However, it reports that attorneys who work with the food and beverage industries as well as public health law experts said their best bet in challenging the proposal would be a federal lawsuit claiming a constitutional violation of the commerce clause, or that the law has no rational basis.

Join the Conversation

Advertisement. Closing in 15 seconds.