big soda ban bloomberg sugarly drinks Bloomberg's so-called soda ban is officially dead.
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Bloomberg's big soda ban is no more.

The Court of Appeals on Thursday ruled that the city's Board of Health overreached by limiting the size of sugary beverages that could be sold in certain stores.

"By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York," Judge Eugene F. Pigott wrote in the majority decision.


Two lower courts already sided against the city. Officials — in both the Bloomberg and de Blasio administrations — had argued the policy was necessary in the fight against obesity.

In a statement after the ruling, new Health Commissioner Mary Basset reinforced this opinion.

"Today's ruling does not change the fact that sugary drink consumption is a key driver of the obesity epidemic, and we will continue to look for ways to stem the twin epidemics of obesity and type 2 diabetes by seeking to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods," the statement read.

Critics argued that only city and state lawmakers, as opposed to the Board of Health, could enact such a broad rule. They also felt the ban would place a burden on some businesses.

"It would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers' freedom of choice," Chris Gindlesperger of the American Beverage Association said in a statement. "With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on New Yorkers and families across the country."

Follow Anna Sanders on Twitter @AnnaESanders

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