Appellate Court Takes Fizz out of NYC Soda Ban

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New York City's ban on big sodas is not moving forward after an appeals court ruled Tuesday against the city's efforts to cap soft drink portions.

The ban would stop many restaurants from selling sugary drinks bigger than 16 ounces.

But the Supreme Court Appellate Division said the Board of Health had exceeded its legal authority by trying to put a size limit on soft drinks served in restaurants.

According to CBS New York, the American Beverage Association said they're "pleased that the lower court's decision was upheld."

They said they're looking forward "to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City,"

Meanwhile, Mayor Michael Bloomberg called the ruling a temporary setback in the fight against obesity. The city's law department promised a quick appeal.

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