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NYC's Large Soda Ban Is Never Going to Happen

Photo: jeepersmedia/Flickr

New York's highest court announced today that it would not reinstate the ban on sodas and sugary drinks over 16-ounces supported by former New York City mayor Michael Bloomberg. According to the 20-page ruling (warning: PDF), the court found that the New York City Board of Health's adoption of the Sugary Drinks Portion Cap Rule "exceeded the scope of its regulatory authority." As Eater NY points out, this means New Yorkers can officially drink "as many big sodas as they want in restaurants, movie theaters, ballparks — everywhere and anywhere, really."

The city has had to face many obstacles in implementing the ban: The rule was supposed to go into effect on March 12, but a judge struck it down at the eleventh hour, saying that the regulations were "fraught with arbitrary and capricious consequences." A New York state appeals court also rejected the ban last summer. The AP notes that while the city could try to appeal to the Supreme Court, the case most likely would be thrown out because it "centers on local government authority and legislation, not federal issues." So New Yorkers, feel free to raise that two-liter bottle of cola to celebrate.

· Court Kills Bloomberg's Big Soda Ban for the Last Time [Eater NY]
· Sugary Drinks Portion Cap Rule Decision [NY Courts]
· Court Won't Reinstate New York City's Big-Soda ban [AP]
· All Soda Coverage on Eater [-E-]