by Christopher Freeburn | July 31, 2013 12:22 pm
New York City’s ban on oversized sodas got a big thumbs-down from a state appeals court.
The decision upheld a lower court order blocking the law — backed strongly by Big Apple Mayor Michael Bloomberg — which prohibits the sale of sugary drinks in containers over 16-ounces, the Daily News notes.
Ruling unanimously, the appellate court said the city’s health department “overstepped the boundaries of its lawfully delegated authority when it promulgated the [ban] to curtail the consumption of soda drinks.”
Despite the judicial rebuke, Bloomberg declared his intention to take the matter to New York’s Court of Appeals. A city official said that there was “broad precedent” to support the measure’s legality.
Bloomberg proposed the ban last year as part of his crusade against obesity. The ban encountered strong opposition from restaurant owners and was criticized as promoting a nanny state mentality.
The ban was struck down by a state supreme court judge one day before it would have gone into effect in March.
The opinions contained in this column are solely those of the writer.
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