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Bloomberg’s Big Soda Ban Dead

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Go ahead, New Yorkers, drink up!

New York State court of appeals ruled against former New York City Mayor Michael Bloomberg’s second appeal to put a ban on soft drinks served in containers bigger than 16 ounces. The decision on Thursday was 4-2.

Previously, two lower courts had ruled against the city. This was the city’s last appeal, making the ban on super-size soda officially dead.

Judge Eugene Jr. wrote a 20-page opinion stating the law, which was to go into effect last year, “exceeded the scope of regulatory authority.” The court ruled that the city went beyond health regulations engaging in policy-making that put restrictions on restaurants, movie theaters, and other small businesses.

Bloomberg called the ruling “unfortunate” and warned more people will die in New York City from obesity related deaths.

The American Beverage Association and several other groups filed the lawsuit claiming their industry was being falsely targeted in the city’s fight against the obesity epidemic. In a released statement, the American Beverage Association announced, “We are pleased that the lower courts’ decisions were upheld. It would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice.”

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