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Statement

Overturn of Soda Portion Cap Rule is “Unfortunate”

"The Public Health Institute and California Project Lean lament the decision of the New York State Court of Appeals to void the Portion Cap Rule for sugary drinks passed by the New York City Board of Health. 

Statement from Lynn Silver, MD, MPH Senior Advisor, Chronic Disease and Obesity Prevention, Public Health Institute and California Project LEAN

“The Public Health Institute and California Project Lean lament the decision of the New York State Court of Appeals to void the Portion Cap Rule for sugary drinks passed by the New York City Board of Health.

“PHI will maintain our commitment to work with communities, across the United States and internationally, to reduce consumption of this harmful product through law, regulation, education and environmental changes. As Judge Read emphasizes in the dissenting opinion, this unfortunate decision abandons over a century of clear legislative precedent to bow to the pressure of the soda industry. It attempts to weaken the power of the NYC Boards of Health to take the necessary steps to protect health from the threats of the 21st century.

“At the same time the decision appears to uphold other previous groundbreaking Board rules such as calorie labeling and lead paint bans, and by extension the trans fat ban. We express our full support to the Board of Health for its leadership and commitment to promoting health.”


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