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updated: 7/30/2013 11:39 AM

Appeals court strikes down NYC's big-soda ban

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  • In this March 12, 2013 file photo, New York City Mayor Michael Bloomberg looks at a 64oz cup, as Lucky's Cafe owner Greg Anagnostopoulos, left, stands behind him. An appeals court ruled Tuesday, July 30, 2013 that New York City's Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.

      In this March 12, 2013 file photo, New York City Mayor Michael Bloomberg looks at a 64oz cup, as Lucky's Cafe owner Greg Anagnostopoulos, left, stands behind him. An appeals court ruled Tuesday, July 30, 2013 that New York City's Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.
    Associated Press

 
Associated Press

NEW YORK -- New York City's crackdown on big, sugary sodas is staying on ice.

An appeals court ruled Tuesday that New York City's Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.

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The state Supreme Court Appellate Division panel upheld a lower court decision that had delayed the measure before it took effect in March.

The rule would stop many eateries from selling non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.

The beverage industry and other opponents say the measure is riddled with exceptions, unfair and ineffective.

The city's law department has promised an appeal.

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