Bloomberg soda ban: Court of appeals chucks out restrictions on sizes of soda purchased.

NYC Soda Ban Rejected by State's Highest Court

NYC Soda Ban Rejected by State's Highest Court

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June 26 2014 1:02 PM

NYC Soda Ban Rejected by State's Highest Court

A customer fills a 21-ounce cup with soda at a McDonald's.

Photo by Mario Tama/Getty Images

With a 4-to-2 vote on Thursday, New York state's highest court refused to reinstate a ban on the sale of sodas put in place by former New York City mayor Michael Bloomberg. The justices upheld previous rulings from lower courts, agreeing that the city's health department overstepped its boundaries by barring the sale of sugary drinks in containers larger than 16 ounces.

Public health advocates helped initiate the ban in 2012. As of 2012, about one-third of Americans were obese, according to the Organisation for Economic Co-operation and Development.

Since the ruling does not involve any federal or interstate issues, it cannot be appealed further, but the city says it will continue to pursue other anti-soda intitatives. “We will continue to look for ways to stem the twin epidemics of obesity and Type 2 diabetes," Dr. Mary T. Bassett said in a statement, "by seeking to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods.”

Irene Chidinma Nwoye is a writer and former Slate intern in New York City. Follow her on Twitter.