WASHINGTON, June 26, 2014 – The New York Court of Appeals ruled Thursday that New York City’s Board of Health “exceeded the scope of its regulatory authority” in attempting to implement its so-called “soda ban.”

The ban would have prohibited the sale of sugary drinks larger than 16 ounces in certain city venues, including restaurants, movie theaters and stadiums.

“By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York,” the court found.

In making its decision, New York state’s highest court sided with a lower court decision last year that overturned the 2012 ban.

Then-Mayor Michael Bloomberg had intended the ban to combat obesity. A number of scientific studies have found positive links between increased soda consumption and obesity, diabetes, heart disease and gout.

Food and beverage companies, including the American Beverage Association (ABA), argue that only the New York City Council or state legislature have the power to impose such a ban.


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