Bloomie's Big Gulp Ban Bites the Big One

Mike Bloomberg can’t get the gun bans he wants. Now his big soda ban has died, too.

The NY State Court of Appeals ruled today that the NYC health department exceeded its authority by approving a 16-ounce maximum on the sale of sodas and reinstated the ability of retailers to sell oversized soft drinks.

The city had hoped Thursday’s ruling would overturn a lower court’s decision that blocked the restrictions after restaurants, theater owners, beverage companies and small stores sued.

“We are pleased that the lower courts’ decisions were upheld,” the American Beverage Association said in a statement after the decision was handed down. The restrictions, if reinstated, “would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice.”