New York appeals court strikes down large soda ban

The court wrote that the city's Board of Health can ban "inherently harmful" foodstuffs, but soda does not fall under that category.

New York's Supreme Court Appellate Division ruled against a proposed limit on the size of sugary beverages served in city restaurants on Tuesday, writing that the city Board of Health acted unconstitutionally to enact the rule. The four-judge panel's unanimous opinion says the Board of Health may ban "inherently dangerous" foodstuffs from being served, but soda and sugary beverages do not fall under that category. The court also says the board cannot craft rules based on economic or political concerns.

The city's legal team said it would appeal soon. "Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic," Mayor Michael Bloomberg said.

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