Legal challenges to New York soda ban face uphill climb

NEW YORK (Reuters) – Mayor Michael Bloomberg’s proposed ban on large-size sugary soft drinks in New York isn’t winning him many new friends in the beverage and restaurant industries. Trouble is, they may not be able to stop him, at least in the courts. The mayor’s proposal would change the city’s administrative code, giving the health department the power to levy fines on most restaurants, movie theaters, food carts and delis that sell sugary soft drinks larger than 16 ounces. The health board is expected to pass the plan later this year, and the law could take effect by next spring. …

U.S. court revives KV Pharmaceutical investor suit

(Reuters) – Investors can continue to bring claims against KV Pharmaceutical Co for making false or misleading statements to the U.S. Food and Drug Administration, a federal appeals court ruled on Monday. The 8th Circuit Court of Appeals largely revived a proposed securities fraud class action that had been dismissed in its entirety by a trial court in 2010. In the lawsuit, investors claimed to have suffered $1.5 billion in losses because KV, a generic drug maker, first misled the FDA in its compliance reports, and subsequently shut down its manufacturing operations in 2009. …

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