NYC Soda Ban Goes Down the Drain (Again)

Bloomberg vows to appeal

Drink up, New Yorkers. Mayor Michael Bloomberg's ban on sugary drinks of 16 ounces and up is still dead. The New York State Supreme Court's Appellate division Monday upheld a lower court's ban on the law, which was originally slated to take effect in March.

The decision by a four-judge panel found that the New York City Board of Health overstepped its authority.

In a statement, Bloomberg's counsel, Michael Cardozo vowed to appeal. 

The strongest language came from the mayor. "Since New York City's groundbreaking limit on the portion size of sugary beverages was prevented from going into effect on March 12, more than 2,000 New Yorkers have died from the effects of diabetes. Also during that time, the American Medical Association determined that obesity is a disease, and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes—both of which are disproportionately linked to sugary drink consumption," he said.

Bloomberg's soda ban faced tough foes, including big soda companies, the American Beverage Association and the National Association of Theatre Owners, who challenged the ban publicly and in the courts.