The New York State Appeals Court on Tuesday upheld a lower court’s ruling that New York Mayor Michael Bloomberg’s proposed ban on sugary drinks larger than 16 ounces was an overreach of executive power, Reuters reports. The decision was unanimous.
In short, it is now constitutionally OK in New York to drink extremely large pops, juices, Slurpees, slushies and any other super-sweet beverage of your choice. In its decision, the first department of the state supreme court's appellate division said that prohibiting businesses from selling drinks larger than 16 ounces “violated the state principle of separation of powers.”
The regulation, called the “sugary drink ban” by opponents, was a pet project of Bloomberg that stirred much debate in New York City. Bloomberg had touted it as a way of combating rising obesity rates and the rising rates of diseases linked to obesity, such as diabetes and heart disease.
Opponents of the regulation, including business and beverage makers and distributors, called it an attack on personal freedom. Several New York City legislatures labeled it tax on poor people, who, they say, often buy one large drink for their children to share.