The nanny state suffered a blow Thursday when the New York Court of Appeals ruled against former New York City Mayor Bloomberg's ban on large sodas, according to the Associated Press.
The appeals court ruling upheld the rulings of two lower courts. In the opinion, Judge Eugene F. Pigott Jr. wrote that the Board of Health “exceeded the scope of its regulatory authority” when it tried to ban the sale of sugary drinks over 16 ounces, according to The New York Times. The ban, championed by Bloomberg, was challenged by groups with a vested interest in selling large sodas, including restaurants, theaters, and beverage companies.
The ruling is a blow to health advocates, who point out that sugary drinks help fuel obesity. Businesses, on the other hand, will be pleased, since this is likely the last they'll hear of the ban. Anti-nanny state conservatives were also rooting for the ban to stay overturned — the National Review argued earlier this month that this was an instance of bureaucrats "usurping the role of the legislature." Last week, when Dallas Mayor Mike Rawlings was asked if he'd ever ban large sodas in that city, he said "it'd take an act of God."
This article is from the archive of our partner The Wire.
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