bloomberg soda ban

nytimes.com
After the final court appeal, New York's Big Gulp ban is officially dead

Liberty never tasted so sugary sweet.

The Bloomberg big-soda ban is officially dead.

The state’s highest court on Thursday refused to reinstate New York City’s controversial limits on sales of jumbo sugary drinks, exhausting the city’s final appeal and handing a major victory to the American soft-drink industry, which bitterly opposed the plan.

In a 20-page opinion, Judge Eugene F. Pigott Jr. of the New York State Court of Appeals wrote that the city’s Board of Health “exceeded the scope of its regulatory authority” in enacting the proposal, which was championed by former Mayor Michael R. Bloomberg.

Two lower courts had already ruled against the city, saying it overreached in attempting to prohibit the purchase of sugared drinks in containers larger than 16 ounces, about the size of a medium coffee cup. By a 4-to-2 vote, the justices Thursday upheld the earlier rulings.