Bloomberg Soda Ban Rejected Again

Mayor Michael Bloomberg

The opinion of a New York State appeals court mirrored what many denizens have muttered to themselves since Mayor Michael Bloomberg first hatched his soda ban efforts: too much power.

According to Reuters, the state appeals court on Tuesday rejected Bloomberg’s proposed ban, which would have limited the sale of beverages with more than 25 calories per 8 oz. serving in package sizes larger than 16 oz. The court ruled that the law would have “violated the state principle of separation of powers.”

The decision, which was unanimous from a four-judge panel, upheld a March ruling by New York’s State Supreme Court that also blocked the city’s proposed ban. The decision found that New York City’s Board of Health had stepped beyond its power to regulate public health and inappropriately supplanted the policy-making role of the legislature.

The ruling also exposed some of the loopholes from the proposed ban, which would have left unaffected groceries and other businesses not under the watch of the city’s health department and certain beverages, such as milk-based products.

“The expectations did not…reflect the agency’s charge to protect public healthy but instead reflected the agency’s own policy decisions regarding balancing the relative importance of protecting public health with ensuring the economic viability of certain industries,” Justice Dianne Renwick wrote for the court.

In response to the decision, Bloomberg released a statement saying that more than 2,000 New Yorkers have died from the effects of diabetes since the court’s block in March.

“Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” Bloomberg said in the statement.