Question

Which of the following best explains why the New York State Court of Appeals rejected the Sugary Drinks Portion Cap Rule?

Answer 1

The New York Court of Appeals, the state's highest court, ruled that the New York City Board of Health, in adopting the regulation, exceeded the scale of its regulatory authority. The repealed regulation was codified in section 81.53 of the New York City Health Code (title 24 of the Rules of the City of New York).

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