An appeals court ruled Tuesday that the city’s Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.In a unanimous opinion, the four-judge panel of the state Supreme Court Appellate Division said that the health board was acting too much like a legislature when it created the limit, which would have stopped sales of non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.
Should you be drinking giant sugary soft drinks? No.
Should you be ABLE TO BUY THEM? Yes.
- New York big-soda ban stays on ice (abc15.com)
- Appeals court: NYC’s big-soda ban unconstitutional (hosted.ap.org)