New York's Court of Appeals rejects city's large soda ban

GLENN BLAIN

The Big Gulp has won a big victory in New York’s highest court.

The Court of Appeals on Thursday upheld lower court rulings that the city’s Board of Health exceeded its authority in 2012 by enacting a ban on large sugary beverages.

“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,” Judge Eugene F. Pigott wrote for the majority in 4-2 decision.

The ruling likely strikes the final legal blow to the controversial policy enacted by Mayor Bloomberg’s administration to ban large sugary beverages over 16 ounces.

http://www.nydailynews.com/blogs/dailypolitics/new-york-court-appeals-rejects-city-large-soda-ban-blog-entry-1.1844735