Krinick, Levy, and Bank help secure Appellate Division affirmation of decision invalidating Mayor Bloomberg’s Soda Ban

August 1, 2013 | Appeals

Evan Krinick, Barry Levy, and Brian Bank helped secure a victory in the Appellate Division, First Department on behalf of Soft Drink and Brewery Workers Union, Local 812, International Brotherhood of Teamsters, and others in a matter regarding the validity of the New York City Board of Health’s Sugary Drinks Portion Cap Rule, widely dubbed as Mayor Bloomberg’s Soda Ban.  The Appellate Division affirmed the lower court ruling invaliding the Sugary Drinks Portion Cap Rule on the ground that, in promulgating the Rule, the Board of Health failed to act within the bounds of its lawfully delegated authority and thus violated the state principle of separation of powers.  

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Decision

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