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Issue Date: Vol. 53, No. 8, August 2013, Posted On: 7/31/2013

Appeals Court Upholds Ruling To Block Bloomberg Soda Ban

Emily Jed
TAGS: Bloomberg soda ban, Mayor Michael Bloomberg proposed soda ban, Supreme Court' Appellate Division ruling, vending, large sugary drinks, Justice Milton Tingling, American Beverage Association

NEW YORK CITY -- An appeals court has upheld a lower court's ruling against Mayor Michael Bloomberg's proposed soda ban, saying he had overstepped his authority in trying to impose the measure.

The Supreme Court's Appellate Division ruled on July 30 that the city's Board of Health "failed to act within the bounds of its delegated authority" when it moved to prohibit sugary drinks larger than 16 fluid ounces in New York City restaurants, delis, movie theaters and other foodservice establishments.

Bloomberg introduced the proposed ban in May 2012 as a measure to curb obesity. It was approved by the Board of Health later that year and set to take effect on March 12.

The ban was struck down just a day before it was scheduled to launch when Manhattan Supreme Court Justice Milton Tingling ruled that the mayor and the city's health board were illegally overreaching their power. The city appealed the decision in early April. | READ MORE

The four-judge panel in the Supreme Court's Appellate Division unanimously upheld the lower court's decision, saying actions like the soda ban should be decided by the state Legislature or City Council, not the Board of Health.

"We are pleased that the lower court's decision was upheld," 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 the people of New York City."

Bloomberg said he regards the decision as a "temporary setback" and vowed to appeal to the state's highest court, the Court of Appeals. If the court declines to hear the city's appeal, the case would come to an end.

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