New York's battle over big sodas is heading to the courtroom.
Chang W. Lee/The New York Times
The New York City Board of Health approved a ban on the sale of large sodas and other sugary drinks last month.
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The American soft-drink industry, joined by several New York restaurant and business groups, filed a lawsuit on Friday that aims to overturn restrictions, proposed by Mayor Michael R. Bloomberg and approved by the Board of Health, on sales of large sugary drinks at many dining locations in the city.
The suit, filed in State Supreme Court in Manhattan, contends that the Board of Health did not have the authority to ratify the new rules unilaterally. The rules — approved last month and scheduled to take effect in March — limit the size of sugary drinks to 16 ounces or less at restaurants, street carts, and entertainment and sports venues.
Legal action was widely anticipated from the soft-drink industry, which led an aggressive campaign this summer portraying Mr. Bloomberg's plan as an affront to consumer freedom and has frequently opposed local regulations of its products.
The 61-page filing offers a detailed rebuttal to Mr. Bloomberg, arguing the soda restrictions are a form of de facto legislation, enacted by "executive fiat," which should have been considered by the City Council. The plaintiffs say the rules represent "a dramatic departure" from the traditional role of the health department, and they are asking a judge to reject the size limits before they are put into effect.
The mayor's chief spokesman, Marc La Vorgna, rejected those arguments on Friday, calling the lawsuit "baseless." City health officials have argued that the plan can help curb runaway obesity rates in the city, where more than half of adults are overweight or obese.
"The Board of Health absolutely has the authority to regulate matters affecting health, and the obesity crisis killing nearly 6,000 New Yorkers a year — and impacting the lives of thousands more — unquestionably falls under its purview," Mr. La Vorgna wrote in a statement.
The city noted that industry groups have tried to stop Mr. Bloomberg's previous public health initiatives, including a smoking ban and a requirement for disclosure of calorie counts on restaurant menus. "Not only did those efforts fail, but our policies have been adopted in cities and states across the country," Mr. La Vorgna wrote.
The lead counsel on the suit is Latham & Watkins, a law firm that frequently represents the American Beverage Association, the leading soft-drink trade group and a plaintiff. Other plaintiffs included a Teamsters local representing beverage workers, state Hispanic and Korean-American business groups, and the restaurant and movie theater industries.
There are indications the soft-drink industry might fare better with legislators than with a board of mayoral appointees. The industry once persuaded lawmakers in Albany to reject a proposed soda tax, and in New York City it has several allies on the Council, where some members had circulated a petition urging the Board of Health to reject the mayor's plan. The Council speaker, Christine C. Quinn, has also expressed hesitation about the size limits.
"This case is not about obesity in New York City," the plaintiffs wrote in the opening sentence of the suit. "This case is about the Board of Health, appointed by the mayor, bypassing the proper legislative process for governing the city."
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