NEW YORK (CBSNewYork) – It looks like supersized sugary drinks in New York City are staying on the menu.
In a unanimous opinion, an appeals court upheld a lower court’s decision Tuesday, saying the Board of Health’s plan to put a 16-ounce limit on sugary drinks was an illegal overreach of executive power.
The four-judge panel of the state Supreme Court Appellate Division said the Board of Health was acting too much like a legislative body when it created the ban and said it didn’t believe sugary drinks were “inherently harmful.”
The judges also said the board appeared to have created much of the new rules on political or economic considerations, rather than health concerns.
Bloomberg said he planned to appeal the appeal and, if that didn't work, buy off legislators with his PAC money.
Okay, I made up the last part about buying off legislators with his PAC money, but since that's what he's been doing on the gun control and education reform issues, there's no reason to think he won't try to do the same with the soda ban nonsense.
But for now, he has lost on this issue.
And now, on to my Big Gulp - although I prefer club soda to anything else...