"An appeals court on Tuesday unanimously upheld a decision striking down New York City’s restrictions on the sale of large, sugary drinks, dealing a serious blow to Mayor Michael R. Bloomberg’s hopes of reviving the rule before his term runs out."
"The court, the Appellate Division of State Supreme Court in Manhattan, concurred with a lower court’s ruling that the city's Board of Health, appointed by the mayor, overstepped its bounds as a nonlegislative body by approving the rule. The justices also said that the various exceptions and carve-outs in the rule demonstrated that the board was concerned with matters beyond its simple mission to improve public health.
Seeking to reduce runaway obesity rates, the rule was announced by Mr. Bloomberg last May and approved by the health panel in September. The measure would have prohibited the sale of many sweetened drinks in containers larger than 16 ounces, but the appeals court wrote that the rule was laden with confusing loopholes and exemptions."