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NYC Large Soda Ban by Mayor Bloomberg Loses Again in Court

Image: NYC Large Soda Ban by Mayor Bloomberg Loses Again in Court

Wednesday, 31 Jul 2013 07:45 AM

By Clyde Hughes

New York City's large soda ban continued to be banned itself as the state's appeals court Tuesday upheld a lower court's ruling blocking Mayor Michael Bloomberg's controversial legislation against sugary drinks larger than 16 ounces.

The much discussed and derided law received a stern smack down in a unanimous vote by appeals judges, saying that the city's board of health overreached in enacting the soda-size ban, reported the New York Daily News.

"The board of health overstepped the boundaries of its lawfully delegated authority when it promulgated the (ban) to curtail the consumption of soda drinks," Appellate Justice Dianne Renwick wrote for the court. "It therefore violated the state principle of separation of powers."

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In March, Supreme Court Justice Milton Tingling struck down the law as arbitrary, capricious and "riddled with loopholes and exemptions," according to the Daily News.

Bloomberg announced plans for the ban on large sugary drinks in May, 2012 as a way to curb childhood obesity in the city and it was approved by his board of health.

Despite two straight defeats in court, Bloomberg remained vowed the fight on, calling the ruling a "temporary setback," according to Politico.

"Since New York City’s groundbreaking limit on the portion size of sugary beverages was prevented from going into effect on March 12, more than 2,000 New Yorkers have died from the effects of diabetes," Bloomberg said in a statement defending the measure.

"Also during that time, the American Medical Association determined that obesity is a disease, and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes — both of which are disproportionately linked to sugary drink consumption," continued Bloomberg.

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The law, though, proved to be widely unpopular, with a 60 percent of residents saying the large soda ban was a bad idea according to a New York Times poll conducted last August.

After March's court ruling, American Beverage Association spokesman Christopher Gindlesperger said he hoped Bloomberg would work with his group to find "solutions that will have a meaningful and lasting impact on the people of New York City."

Related stories:

New Bloomberg Rules on Soda Delivery Irk Cash-Strapped Consumers

Coke Pushes Back Against Bloomberg Soda Ban

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