(NEW YORK) — A state appeals court on Tuesday gave New Yorkers opposed to Mayor Michael Bloomberg’s proposed ban on large sugary drinks a reason to raise their 64-ounce sodas in celebration — the panel upheld a lower court ruling that blocked the ban from taking effect.
The New York state appeals court agreed with another judge who ruled in March that a ban on sugary drinks larger than 16 ounces was arbitrary and capricious.
In announcing its ruling, the appeals court said the New York City Board of Health acted unconstitutionally when it passed Bloomberg’s proposal.
Bloomberg said in a statement the decision was a “temporary setback.”
“Since New York City’s ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12th, more than 2,000 New Yorkers have died from the effects of diabetes. Also during that time, the American Medical Association determined that obesity is a disease and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes — both of which are disproportionately linked to sugary drink consumption,” the mayor said.
The American Beverage Association had opposed the ban. Christopher Gindlesperger, senior director of public affairs for the American Beverage Association, said in a statement, “We are pleased that the lower court’s decision was upheld. 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.”
Bloomberg said his administration plans to appeal. But he doesn’t have much time — his term in office ends on Dec. 31.
Copyright 2013 ABC News Radio
Judson Jones, CNN
Herb Scribner, FamilyShare
Rachel Sande, EastIdahoNews.com
Carina Storrs Special to CNN