New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Dep’t of Health and Mental Hygiene
- Case Date: 4/25/2014
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On June 26, 2014, the New York State Court of Appeals struck down a controversial effort by the New York City Department of Health and Mental Hygiene’s Board of Health to ban all large sugary beverages—those containing more than 25 calories per 8 fluid ounces and that exceed 16 ounces in size. The decision marked a victory for WLF, which filed an amicus curiae brief in the case charging that the Board of Health, in enacting the soda ban, exceeded its administrative authority by improperly attempting to exercise legislative power, which is exclusively reserved to the New York City Council. The New York high court ultimately agreed with WLF, holding that “the New York City Board of Health exceeded the scope of its regulatory authority” and declaring the soda ban invalid. WLF’s brief was filed on its own behalf and on behalf of its client, the Allied Educational Foundation.
More Information and Downloads:
4/25/2014: Download the Brief