- The Washington Times - Tuesday, July 30, 2013

An appeals court Tuesday ruled against New York City Mayor Michael Bloomberg’s proposed soda ban, saying the controversial regulation violates “the principle of separation of powers.”

The law, which would have prohibited city restaurants, delis and other businesses from selling sodas and other sugary beverages larger than 16 ounces, was rejected by a lower court in March just a day before it was scheduled to launch, the New York Post reported.

Manhattan Supreme Court Justice Milton Tingling slapped the mayor and his Board of Health for an illegal overreach of power. The four-judge panel agreed.


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“Like Supreme Court, we conclude that in promulgating this regulation the Board of Health failed to act within the bounds of its lawfully delegated authority,” they wrote in the unanimous ruling, The Post reported.

“We are pleased that the lower court’s decision was upheld,” the American Beverage Association said in a statement. “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.”