Via NY Post:
An appeals court today dealt another blow to Mayor Bloomberg’s proposed soda ban, calling the controversial regulation “invalid” because it violates “the principle of separation of powers.”
In March, a lower court judge first rejected the ban that stropped city restaurants, delis and other businesses from selling large sugary drinks, just a day before it was scheduled to launch.
Manhattan Supreme Court Justice Milton Tingling slapped Bloomberg and his Board of Health for overstepping their bounds.
The four-judge Appellate Division panel agreed today.
“Like Supreme Court, we conclude that in promulgating this regulation the Board of Health failed to act within the bounds of its lawfully delegated authority,” they wrote in the unanimous ruling.