A unanimous panel of the New York State Supreme Court’s Appellate Division, First Department, in Manhattan today upheld Justice Milton Tingling’s March ruling striking down the city’s plan to cap the size of sugary soft drinks sold in restaurants, movie theaters, stadiums and arenas at 16 ounces a cup.
The city’s Board of Health in September approved Mayor Michael Bloomberg’s plan. Groups representing beverage makers, restaurants and theaters sued to block the plan a month later, calling it “unprecedented interference” with consumer choice.