New York Mayor Michael Bloomberg says a state appeals court ruling is just a "temporary setback" in his effort to impose a 16-ounce size limit on high-calorie soft drinks served in restaurants, theaters and many other places.
In a unanimous opinion Tuesday, the mid-level appeals court said the city's Board of Health exceeded its legal authority when it approved the drink limit last year. The court said the board has the power to ban "inherently harmful" foodstuffs from being served to the public, but that sweetened beverages don't fall into that category.
The court said soda consumption isn't necessarily harmful when done in moderation, so it can't be considered a health hazard.
Bloomberg, the driving force behind the regulation, is promising a quick appeal.
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