Appeals court upholds ruling overturning Bloomberg’s big-soda ban

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(PIX11) — Foiled again!

A state appeals court has sided with a lower court that struck down Mayor Michael Bloomberg’s attempt in March to ban big, sugary drinks over 16 ounces .

Tuesday’s ruling was unanimous. The judges said such a ban belongs in the legislative arena —  not the city Board of Health. Bloomberg views the ruling is a “temporary setback,” vowing to appeal the decision to the Court of Appeals, the state’s highest court.

Drink Up! NYC soda ban starts Tuesday

But, the beverage lobby is pleased as punch with the latest decision:

“We are pleased that the lower court’s decision was upheld. With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City,” the American Beverage Association said in a statement.


  • Maureen Beach

    This unanimous decision declaring the unconstitutionality of the proposed New York City soda ban is a victory for consumer choice. Furthermore, government regulation is the wrong approach to the obesity challenge. Instead, education is the only effective tool to change behaviors and promote healthy lifestyles.

    -Maureen Beach, American Beverage Association

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