New Yorkers can continue to fill up any size soda they want. An appeals court ruled New York City's ban on sugary drinks is unconstitutional.
"I agree with the ruling that it's kind of overstepping," said Joseph Stuart, who opposes a limit on sweetened beverages.
It's the latest setback for New York City Mayor Michael Bloomberg, who has been pushing to limit sweetened beverages to 16 ounces in an effort to fight obesity. A lower court struck down the size limit in March, the day before it was supposed to go into effect.
"Obesity has many things contributing to it, but the single largest contributor is sugary drinks. And we know size portions have a big influence on how much people drink," said Dr. Thomas Farley, the NYC health commissioner.
The soda limit would have applied to places like sandwich shops and movie theaters, forcing them to get rid of large, 32-ounce cups.
Shaik Hassan owns a Subway sandwich shop on Manhattan's west side.
"When they buy the 16 or 21 ounces cause they're cheaper, they just come back to refill," Hassan said.
Some called the ban unfair because it did not affect supermarkets or most convenience stores and it didn't target other high calorie drinks. But some New Yorkers still thought it was a good beginning.
"Some people are still going to do it but having the law with affect some people not all people but some people," said Melinda Desmarattes, who supports a limit on sweetened beverages.
Mayor Bloomberg says the ruling is a temporary setback and promises to appeal.
The drink limit was the latest Bloomberg effort to make New Yorkers healthier. His administration also forced chain restaurants to post calorie counts on menus and barred restaurants from using artificial trans fats.
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