You can have your soda, and drink it, too:
Guzzlers prevailed Thursday as New York's highest court refused to reinstate New York City's ban on the sale of big sodas, ruling that the city's health department overstepped its bounds when approved the 16-ounce cap on sugary beverages.Drink up, while you can...
The court largely ignored the merits of the ban in the 20-page ruling, but determined the city's Board of Health engaged in policy-making, and not simply health regulations, when it imposed the restrictions on restaurants, delis, movie theaters, stadiums and street cart vendors.
"The Board of Health engaged in law-making beyond its regulatory authority," the opinion reads. "... It is clear that the Board of Health wrote the Portion Cap Rule without benefit of legislative guidance."
The city had hoped Thursday's ruling would overturn a lower court's decision that blocked the restrictions after restaurants, theater owners, beverage companies and small stores sued.
"We are pleased that the lower courts' decisions were upheld," the American Beverage Association said in a statement after the decision was handed down. The restrictions, if reinstated, "would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers' freedom of choice."