NYC’s Supreme Court says no ban on big sodas

On Thursday, New York’s highest court refused to reinstate a ban on big soda.

The NYC health department attempted people from drinking sugary soda in containers of more than 16 ounces. The law didn’t say that people can’t enjoy soda. It said that the cup size of the soda was a problem. City attorneys argued that it was the largest source of added sugar in the diet. They received opposition from the Court of Appeals.

“By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York,” Judge Eugene F. Pigott wrote for the majority in 4-2 decision, according to the NY Daily News.

Many arguments persisted around the issue. The judges on the Court of Appeals questioned where the standards would be for the next round. Would triple-decker burgers be next? What about mixed coffee drinks with more than 800 calories?

In the end, they decided that the law would not keep soda drinkers from enjoying large beverages. "The Board of Health engaged in law-making beyond its regulatory authority," the opinion reads, according to the Associated Press. "... It is clear that the Board of Health wrote the Portion Cap Rule without benefit of legislative guidance."