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NYC Soda Ban Struck Down Again, This Time By Appeals Court

Court Upholds Ruling Striking Down Soda Ban
Reuters
NEW YORK, NY - MARCH 11: Soda cups of various sizes are seen at the food court of the South Street Seaport March 11, 2013 New York City. Today a New York state judge halted a controversial ban on large sugary drinks that was to take effect tomorrow. (Photo by Allison Joyce/Getty Images)
NEW YORK, NY - MARCH 11: Soda cups of various sizes are seen at the food court of the South Street Seaport March 11, 2013 New York City. Today a New York state judge halted a controversial ban on large sugary drinks that was to take effect tomorrow. (Photo by Allison Joyce/Getty Images)

NEW YORK, July 30 (Reuters) - New York City's plan to ban large sugary drinks from restaurants and other eateries was an illegal overreach of executive power, a state appeals court ruled on Tuesday, upholding a lower court decision in March that struck down the law.

The law, which would have prohibited those businesses from selling sodas and other sugary beverages larger than 16 ounces, "violated the state principle of separation of powers," the First Department of the state Supreme Court's Appellate Division said in a unanimous decision.

Mayor Michael Bloomberg had advanced the regulation as a way to combat obesity among city residents. Beverage makers and business groups, however, challenged it in court, calling it an attack on consumers' personal freedom.

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