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Philadelphia’s Soda Tax Goes to State Court

The legality of Philadelphia’s soda tax went up for debate today in a Pennsylvania appeals court.

An attorney representing consumers, restaurants, and beverage industry groups argued the tax is unconstitutional because the state already taxes soda, and the city can’t double-tap items already subjected to state taxes, the PhillyVoice reported. But the city’s attorneys have noted that the new tax is imposed directly on soda distributors, not the item itself.

Some local retailers have warned of job cuts in light of decreased revenue following the soda tax, which is meant to fund early childhood education and other city expenses. Some pre-K programs have already expanded significantly using revenue from the tax.