CHICAGO (CBS) — A Cook County judge has agreed to temporarily block a new sweetened beverage tax, handing a victory to retailers who claim it is unconstitutional.
Circuit Judge Daniel Kubasiak agreed to issue a temporary restraining order preventing the county from implementing the penny-per-ounce tax at least until July 12, while he weighs a lawsuit filed by the Illinois Retail Merchants Association. The tax was set to go into effect on Saturday.
The tax would apply to all sugary soft drinks, lemonades, teas, sports drinks, and sweetened powders and syrups used for fountain drinks. It also would include drinks made with artificial sweeteners.
Retailers claim the new tax is vague and isn’t applied uniformly to the same drinks.
Supporters have said the tax will make kids healthier, and reduce obesity.
However, opponents have noted the tax would apply to diet drinks with no calories and no sugar, and would exempt sugary drinks like 100 percent fruit juice and sweetened coffees served behind the counter.
Retailers also have noted they must either charge customers tax on the ice in fountain drinks, unless they fill out paperwork to designate how much ice each cup holds. Complicating matters, most fast food restaurants that serve fountain drinks allow customers to decide how much ice to put in their drinks.
Kubasiak asked attorneys Thursday why the target is sugar and sweeteners if the reason for imposing it is improved health. He asked why similar taxes were not imposed on foods that are salty or fatty.
The county’s attorneys could not answer.
from CBS Chicago http://ift.tt/2u7EWfb
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