New York's soda ban is officially dead

The New York State Court of Appeals released an opinion today that confirms what New Yorkers have assumed for years: Former Mayor Michael Bloomberg's proposed soda ban will never go into effect.

The 20-page opinion said the city "exceeded the scope of its regulatory authority" with the proposed ban, which would have effected sugary drinks larger than 16 ounces. Opponents of the ban cited problems with regulation and enforcement, "such as permitting giant, vitamin-D-fortified milkshakes to be sold" while prohibiting the sale sports drinks the same size. Mayor Bill de Blasio tried to clarify the ban's language before the appeal, but his efforts were unsuccessful.

The city's health commissioner's statement, however, noted that the decision "does not change the fact that sugary-drink consumption is a key driver of the obesity epidemic." In other words? Drink at your own risk.

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