date:Mar 13, 2013
ity council's approval before regulating the size of sweetened beverages. The ban, known as the Portion Cap Rule, would not only violate the separation of powers doctrine, it would eviscerate it, he wrote.
The judge also called the rule arbitrary and capricious, because it didn't apply to all establishments in the city or all high-calorie sweetened drinks. Indeed, the loopholes were legion: While restaurants would be regulated because they fall under the purview of the Health Department, most