A man left a 7-Eleven store with a Double Gulp drink in New York. An appeals court ended limits on such drinks Thursday.

Richard Drew • Associated Press file,

Large soda ban in NYC tossed out

  • June 26, 2014 - 9:46 PM

New York City lost its bid to impose a ban on oversize sodas in a ruling by the state’s highest court.

New York’s Court of Appeals said in a 4-2 decision Thursday that the city’s health board lacked authority to impose the ban, proposed by Michael Bloomberg when he was mayor, saying such policymaking is reserved for legislative bodies — in this case, the City Council.

The big-drink ban was an attempt “to promote a healthy diet without significantly affecting the beverage industry,” the court wrote. “The value judgments entailed difficult and complex choices between broad policy goals.”

Bloomberg pushed for the portion cap on soft-drink sizes starting in 2012 as part of his focus on public health. Instead of bringing the proposal to a City Council, the administration sent it to the Board of Health, which granted unanimous approval. It limited to 16 ounces the size of sugary drinks sold in other public places.

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