Soda ban state appeal hearing set for June

Soda ban state appeal hearing set for June

The de Blasio administration says the city is in favor of upholding the ban.

A 20 oz. soda, or Texas-sized drink at Dallas BBQ, could no longer be served under the soda ban.
A 20 oz. soda, or Texas-sized drink at Dallas BBQ, could no longer be served under the soda ban. Photo Credit: Getty Images / Craig Barritt

The battle over the fate of ex-Mayor Michael Bloomberg’s soda ban is now set.

The Court of Appeals in Albany has set a June 4 trial date to hear the city’s appeal of a lawsuit that alleges the health department overstepped its limits by approving the measure.

The proposed ban would cover sugary drinks over 16 ounces.

A state Supreme Court judge sided with the plaintiffs in March 2013, a day before the ban was to go into effect, calling the measure “arbitrary and capricious.”

In July, the State Supreme Court’s appellate division likewise ruled against the ban.

A spokesperson for the Bill de Blasio administration said the city is in favor of upholding the big soda ban and will continue to fight in court for its passage.

Ivan Pereira