The much publicized New York City law that would have banned the sale of sugar-laden soda in containers exceeding 16 ounces was deemed illegal by a New York Appellate Court on Tuesday, according to USA Today.
Mayor Michael Bloomberg had championed the law that would ban the enormous cups that have become commonplace in fast-food restaurants and movie theaters as a way to fight obesity. The law was thought to infringe upon a consumer's right to choose by businesses and people who opposed the law, according to USA Today.
The law was ruled illegal one day before it was supposed to go into effect by New York Supreme Court Judge Milton Tingling. The Appellate Court upheld his decision.
"Like the Supreme Court, we conclude that in promulgating this regulation the Board of Health failed to act within the bounds of its lawfully delegated authority," the ruling said.
"Today's appellate division decision is a temporary setback, and we plan to appeal as we continue the fight against the obesity epidemic," Bloomberg said in a statement.
The law was one of many that Bloomberg has made in efforts to get New Yorkers into better health including banning trans-fats and forcing chain restaurants to post calorie counts on their menus, according to the Minneapolis Star-Tribune.
"We have a responsibility, as human beings, to do something, to save each other...So while other people will wring their hands over the problem of sugary drinks, in New York City, we're doing something about it," Bloomberg said in March.
Richard Bress, a lawyer for the American Beverage Association, felt that the law went too far in regulating a perfectly legal substance, according to the Associated Press.
"For the first time, this agency is telling the public how much of a save and lawful beverage it can drink," Bress said. "This is the government coercing lifestyle decisions."
While announcing that the city plans to do what it can to make the law a reality Bloomberg emphasized the negative effects soda can have, according to the Wall Street Journal.
"Since New York City's ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12, more than 2,000 New Yorkers have died from the effects of diabetes," Bloomberg said. "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."
