New York Statewide Coalition of Hispanic Chambers of Commerce v. The New York City Department of Health and Mental Hygiene
New York Court of Appeals
16 N.E.3d 538 (2014)
- Written by Haley Gintis, JD
Facts
In 2012 the New York City Department of Health and Mental Hygiene (the department) (defendant) enacted the portion-cap rule. The rule prohibited nonexempt establishments from selling sweetened beverages in sizes over 16 fluid ounces. The board claimed that the rule would help combat obesity rates but was unable to cite to any instructions from the city council to impose the regulation. However, the city council had previously introduced, but failed to pass, legislation regulating sweetened beverages. Following the board’s enactment of the rule, multiple organizations, including the New York Statewide Coalition of Hispanic Chambers of Commerce (plaintiff), filed an action in New York Supreme Court against the department, seeking to invalidate the rule. The court held the rule was invalid because the board exceeded its regulatory authority by engaging in legislative activities. The matter was appealed. The appellate division affirmed. The matter was appealed again to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Pigott, J.)
Dissent (Read, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
