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.
The state Supreme Court Appellate Division panel upheld a lower court decision that had delayed the measure before it took effect in March.
New York City's ban on big sodas
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. Mayor Michael Bloomberg, who spearheaded the effort, said the court's decision was a "temporary setback" in his plan to make New Yorkers healthier.
"Since New York City's ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12th, more than 2,000 New Yorkers have died from the effects of diabetes," he said in a statement. "Also during that time, the American Medical Association determined that obesity is a disease and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes - both of which are disproportionately linked to sugary drink consumption. "
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