Another court ruling has taken the fizz out of New York City’s ban on big, sugary sodas.
A New York appeals court on Tuesday ruled that the city Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.
“The Board of Health overstepped the boundaries of its lawfully delegated authority,” the court said in its decision.
The state Supreme Court Appellate Division, with its opinion, upheld an earlier ruling that stopped the ban from taking effect in March. The rule would stop many eateries from selling non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.
The beverage industry and other opponents say the measure is riddled with exceptions, unfair and ineffective.
The city’s law department has promised an appeal. ”Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” Mayor Michael Bloomberg said in a statement.