07/30/2013 // West Palm Beach , Florida, US // JusticeNewsFlash // Justice News Flash // (press release)
NYC – A ban on big sodas in New York City has been deemed unconstitutional by an appeals court. As reported by the Associated Press (AP), the court ruled Tuesday that the city’s Board of Health was not within its legal authority to create and impose the size limit on soft drinks served restaurants and other places in the city.
A four-judge panel of the state Supreme Court Appellate Division determined in a unanimous decision that a portion of the adopted rules were based on considerations other than health concerns.
Beverage Association spokesman Christopher Gindlesperger is quoted by the AP as stating of the ruling, “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.”
New York City Mayor Michael Bloomberg has expressed plans to appeal the decision.
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