According to Bloomberg, a ruling blocking New York’s ban on large sodas was upheld by an appeals court, which said the city’s Board of Health failed to act within the bounds of its authority when it approved the plan. A unanimous panel of the New York State Supreme Court’s Appellate Division, First Department, in Manhattan upheld Justice Milton Tingling’s March ruling striking down the city’s plan to cap the size of sugary soft drinks sold in restaurants, movie theaters, stadiums, and arenas at 16 oz a cup.
The city’s Board of Health in September approved Mayor Michael Bloomberg’s plan. Groups representing beverage makers, restaurants, and theaters sued to block the plan a month later, calling it “unprecedented interference” with consumer choice.
The city disagrees with the panel’s reasoning and will appeal to the state’s highest court in Albany, corporation counsel Michael Cardozo said in a statement.