The NY City ban on jumbo sugary soft drinks is officially dead.
In a 20-page opinion, Judge Eugene F. Pigott Jr. of the NY State Court of Appeals wrote that the city’s Board of Health “exceeded the scope of its regulatory authority” in enacting the proposal, which was championed by former Mayor Michael R. Bloomberg.
Mr. Bloomberg’s proposal, which polls showed was opposed by a majority of New Yorkers, set off a global debate over soda consumption when it was announced in May 2012.
Two lower courts had already ruled against the city, saying it overreached in trying to prohibit the sale of sugary drinks in containers larger than 16 ounces.
Judge Pigott drew a sharp distinction between the soda proposal and past initiatives of the board, such as banning trans fats in restaurants. He wrote that those earlier policies had “a more direct link to the health of the public” and represented “minimal interference with the personal autonomy” of New Yorkers.