On July 30, the First Department of the New York Supreme Court's Appellate Division upheld the decision to strike down New York City's proposed beverage ban. The appellate court supported Supreme Court Justice Milton Tingling’s decision in March that the city did not have the authority to implement the ban.

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

For more information, check out the Politico story below on the ruling.

Appeals court cans N.Y.C. soda ban

New York City Mayor Michael Bloomberg’s sugary drinks ban fell flat Tuesday, when a state appeals court ruled it an unconstitutional abuse of the city’s power.

It’s another blow to the ambitious effort to crack down on obesity, although Bloomberg quickly promised to appeal, calling the ruling a “temporary setback.”

Bloomberg proposed the policy — which would block restaurants, delis, fast food chains and movie theaters from selling sugary drinks larger than 16 ounces — last year, arguing that it would help fight climbing obesity rates and bring health costs down. The City Council balked at the plan, but the city Board of Health adopted the proposal anyway.

The state Supreme Court’s appellate division determined in a unanimous ruling that Bloomberg’s effort exceeded the city’s authority because it was enacted without legislative approval. The court also concluded that drinking sugary soda is not inherently dangerous, if done in moderation, and therefore the Board of Health’s decision to restrict it was out of bounds.