Big Soda Appeals Lawsuit Dismissal as City Braces for Litigation Costs

The beverage industry wasted no time in filing its appeal to the judge's decision to dismiss its case against the city of Philadelphia over the impending soda tax.

Just as Philadelphia officials and the rest of the city set out Friday to enjoy the holiday weekend, attorneys for several local soda consumers; a few Philadelphia restaurants including City View Pizza and John's Roast Pork; and several associations that represent different parts of the beverage industry filed a notice of appeal in the Philadelphia Court of Common Pleas.

“We obviously anticipated this, and we are confident our arguments will prevail on appeal as they did in the Court of Common Pleas. As I stated last week, Judge [Gary S.] Glazer upheld the key points of our argument: the Philadelphia Beverage Tax cannot be considered a sales tax, and neither does it violate the uniformity clause of the Pennsylvania Constitution," City Solicitor Sozi Pedro Tulante said in a statement Tuesday.

A week earlier, Judge Gary S. Glazer dismissed the complaint "in its entirety"– leading Mayor Jim Kenney to call on the soda industry to relinquish its legal fight despite its insistency of an appeal.

Kenney reiterated those statements to the Philadelphia Business Journal last week.

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