New Yorkers Still Free to Guzzle Giant Sodas: Court

Bloomberg's soda ban appeal fails

By Ruth Brown,  Newser Staff

Posted Jul 30, 2013 11:09 AM CDT

(Newser) – New York, your justice has been served—now would you like fries with that? A state appeals court has upheld the New York Supreme Court's ruling to strike down Mayor Michael Bloomberg's soda ban, finding that the prohibition on vendors selling 16-ounce-plus sugary drinks "violated the state principle of separation of power," Reuters reports. The decision was unanimous among the Appellate Division's four judges. "Like Supreme Court, we conclude that in promulgating this regulation the Board of Health failed to act within the bounds of its lawfully delegated authority," they wrote in their ruling, per the New York Post.

Former Alaska Gov. Sarah Palin drinks from a 7-Eleven Super Big Gulp on stage while speaking at the 40th annual Conservative Political Action Conference.
Former Alaska Gov. Sarah Palin drinks from a 7-Eleven Super Big Gulp on stage while speaking at the 40th annual Conservative Political Action Conference.   (AP Photo/Carolyn Kaster)
Montefiore Hospital President and CEO Steven Safyer talks about large sugary drinks while New York City Mayor Michael Bloomberg looks on.
Montefiore Hospital President and CEO Steven Safyer talks about large sugary drinks while New York City Mayor Michael Bloomberg looks on.   (AP Photo/Seth Wenig)
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