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Appeals Court: NYC Sugary Beverage Ban is Unconstitutional

A state appeals court has upheld a ruling that strikes down New York City Mayor Michael Bloomberg's proposed ban on the sale of large sodas and other sugary drinks.

The appeals court ruled Tuesday that New York City's Board of Health overstepped its power and acted unconstitutionally when it approved the mayor's plan to restrict the sizes of soft drinks and other sugary beverages.

The proposal would have stopped restaurants, delicatessens, movie theaters, sports venues, and mobile food carts from selling sweetened beverages in containers larger than 473 milliliters, including energy drinks and iced tea.

Diet sodas, fruit juices, dairy-based drinks and alcoholic beverages would be exempt from the ban.

Officials said the ban was an effort to fight the city's rising obesity rate.

A spokesman for the New York City Beverage Association had criticized the proposal as "over the top" and "zealous."



Mayor Bloomberg has taken a number of public health initiatives during his time in office, including a ban on smoking in restaurants and bars that served as a template for similar laws across the United States.

He has also launched a campaign to eliminate unhealthy fatty ingredients from restaurant dishes and a law requiring that franchise restaurants list the calorie counts on their menus.

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