Appellate Division Upholds Ruling Striking Down NYC Large Soda Ban

A judge struck down Mayor Bloomberg's ban in March

A court's appellate division has upheld a ruling striking down New York City's ban on large sodas and sugary drinks.

The ruling from the appellate division Tuesday affirms State Supreme Court Justice Milton Tingling's decision in March that Mayor Bloomberg's 16-ounce limit on sodas and other sweet drinks arbitrarily applied to only some sugary beverages and some places that sell them.

The March ruling came hours before the ban was to take effect. At the time, the judge said the Bloomberg-appointed Board of Health intruded on City Council's authority when it imposed the rule.

The appellate division agreed Tuesday, saying the board "overstepped the boundaries of its lawfully delegated authority."

The American Beverage Association said it was pleased with the decision.

Bloomberg vowed to appeal to the Court of Appeals to "continue the fight against the obesity epidemic."

Because of the limits of city authority and exemptions made for other reasons, the ban on supersized beverages didn't cover alcoholic drinks or many lattes and other milk-based concoctions, and it didn't apply at supermarkets or many convenience stores — including 7-Eleven, home of the Big Gulp.

In defending the rule, city officials had pointed to the city's rising obesity rate — about 24 percent of adults, up from 18 percent in 2002 — and to studies tying sugary drinks to weight gain. 

Copyright AP - Associated Press
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