NYC Soda Ban Struck Down By Appellate Court

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Let them drink soda (Part Deux)!

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The Appellate Division of the Supreme Court of the State of New York for the First Department ruled that the New York City Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks and other sugary beverages in city eateries.  The Appellate Court  upheld the lower court’s ruling declaring the Soda Ban  invalid, as violative of the principle of separation of powers.  In other words, they declared the Soda Ban unconstitutional.

So, for the time being, New Yorkers remain free to enjoy their favorite sugar-laden Big Gulps!

The decision can be found here (at page 47): http://www.courts.state.ny.us/courts/ad1/calendar/appsmots/2013/July/2013_07_30_dec.pdf