The soda ban has generated a lot of controversy and in an unsurprising move, a lawsuit led by the American Beverage Association and the National Restaurant Association was filed against the city on Friday.
Backed by a group of businesses and trade associations, the suit challenges the New York City Board of Health’s decision and alleges that the Board of Health, a panel appointed by Bloomberg, doesn’t have the authority to enact the drink-size regulations. That power supposedly falls to the City Council.
The Wall Street Journal reports that opponents have said it’s unfair that convenience stores, including 7-Eleven and their famous Big Gulp drink, would be exempt.
“This arbitrary ban creates an uneven playing field — seriously harming thousands of small businesses in the city, while leaving others exempt,” Caroline Starke, a spokeswoman for the plaintiffs, wrote in an emailed statement to the Journal.