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Appeals Court Rules Against Bloomberg's Ban on Sugary Drinks

By Torey Van Oot | July 30, 2013 1:40pm
 Mayor Michael Bloomberg.
Mayor Michael Bloomberg.
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Spencer Platt/Getty Images

NEW YORK CITY — Mayor Michael Bloomberg's proposed ban on large, sugary drinks suffered another legal blow Tuesday, as a state appeals court upheld New York Supreme Court judge's decision to block the policy.

The rule, which prohibits restaurants, movie theaters and other establishments from serving sugary drinks in containers larger than 16 ounces, was put on hold in March, when a New York Supreme Court judge sided with restaurants and businesses in a lawsuit filed against the measure.

In a unanimous decision, an appeallate division of the state Supreme Court, responding to an appeal from the city, upheld that ruling today, finding that the "Board of Health overstepped the boundaries of its lawfully delegated authority" by implementing the rule. 

Bloomberg vowed to appeal the most recent decision, calling it a  "a temporary setback" in a statement. An appeal, however, would require permission from the Court of Appeals to proceed.

"We firmly disagree with the court’s reasoning and will seek to appeal to the Court of Appeals as quickly as possible. There is broad precedent for the Board of Health to adopt significant measures to protect New Yorkers’ public health," Corporation Counsel Michael A. Cardozo in a statement.