New York City's ban on large soft drinks has lost another time in court. A state appeals court ruled Tuesday the city Board of Health lacks the authority to put a size limit on soft drinks larger than 16 ounces at restaurants, movie theaters and other places. Though the board can ban "inherently harmful" food and drinks from being served to the public, sugary beverages are safe in moderation and thus "cannot be classified as a health hazard per se," a four-judge panel of the state Supreme Court Appellate Division ruled. "Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic," said Mayor Michael Bloomberg (I).
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