[AndyTheBear]

However, the real reason this law should be struck down is that the constitution of the US does not give any legal authority to the government, local, state or feds, to tell us what to eat or drink or how much of it we can consume.

I will grant that the US Constitution gives no such authority. But I do not think the state of New York derives any authority at all from it, since it is an enumeration of Federal powers only. As far as I know there might be something in New York's constitution that the law may violate, and I hope there is. As for the 14th Amendment's equal protection clause, I can't see that it applies.

[calex59]

The government, state, fed or local, has no authority to control what we eat or drink, or smoke for that matter. The constitution was written to preclude any such abuses of power and judges should uphold the constitution.

As for equal protection, this applies in this case also because the law didn't apply to all sugary(I hate that expression, actually)drinks equally, therefore the manufacturers of certain drinks were not afforded equal protection, or should I say some manufacturers were held above the law, which amounts to the same thing.