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US: Court agrees with NYC soda ban dismissal

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New York City's proposed ban on large sugary soft drinks has been struck another blow after an appeals court upheld an earlier decision dismissing the measures. 

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The appeal division of New York state's Supreme Court yesterday (30 July) agreed with the lower court's ruling in March to block the planned ban on high-sugar soft drinks bigger than 16oz (47.3cl). Mayor Michael Bloomberg’s proposal was originally thrown out on the  basis the rules were “arbitrary and capricious”, but this was subsequently challenged. 

Yesterday's ruling said that New York's Board of Health “overstepped the boundaries of its lawfully delegated authority” in trying to bring in the ban. “It therefore violated the state principle of separation of powers,” the court added. 

In a statement on its website, the American Beverage Association said: "We are pleased that the lower court’s decision was upheld.  With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City."

However, this may not be the end of the matter. The city's authorities plan to appeal to New York State's highest appellate court, the Court of Appeals, according to the New York Times. 


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