Supersized soda drinks can no longer be banned in New York City, after the state’s highest court voted Thursday to not reinstate a rule limiting the sales of sodas.
The New York State Court of Appeals ruled 4-2 that barring sales of sodas more than 16 ounces went beyond the authority of the city’s Board of Health.
Former Mayor Michael Bloomberg first enacted the controversial ban in 2012, with the approval of public health advocates to curb people’s consumption of high-calorie drinks, which have been linked to obesity and Type 2 diabetes, according to Gawker.
Thursday’s decision upheld the rulings of two lower courts, which had already taken the side of American soda companies against the city, according to the New York Times.
In response to the decision, Judge Susan P. Read wrote that she thinks the ruling goes against precedent and strips the Board of Health of its regulatory power. Without the ability to ban or regulate certain products, the board cannot address real health concerns, Read said in the statement.
Despite the ruling, New York City health commissioner Mary Bassett said in a statement that the city will continue to look for ways to improve health and discourage residents’ consumption of sugary drinks.
“[Thursday’s decision] does not change the fact that sugary-drink consumption is a key driver of the obesity epidemic,” she said in the statement.
Sources: Gawker, New York Times