Let Them Drink Soda

A New York state appeals court struck down Mayor Michael Bloomberg's plan to prohibit restaurants and other eateries from selling large sodas and other sugary drinks over 16 oz. The decision upheld a lower court's ruling in March that struck down the law.  

In the appeals court opinion, the four-judge panel agreed that the state's health board had acted beyond the scope of its power to regulate public health by usurping the policy-making role of the legislature.

Addressing the odd list of exceptions carved out in the law -- such as large soda and juice sold at grocery stores, 7 Eleven's 64 oz.Big Gulp, and Starbucks Frappucinos -- Justice Dianne Renwick wrote, "The exceptions did not ... reflect the agency's charge to protect public health but instead reflected the agency's own policy decisions regarding balancing the relative importance of protecting public health with ensuring the economic viability of certain industries."

A spokesman for the American Beverage Association, an industry group that served as the lead plaintiff in challenging the law, said, "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."

[Source: Bloomberg News]