In a 4-0 decision, the New York City appeals court, knocked down Mayor Michael R. Bloomberg soda ban for the second time.
According to USA Today the court said Bloomberg's ban overstepped the mayor's boundaries and said the move was illegal.
"The Board of Health overstepped the boundaries of it's lawfully delegated authority when it promulgated the ban to curtail the consumption of soda drinks," wrote Appellate Justice Dianna Renwick for the court. "It therefore violated the state principle of separation."
Bloomberg has been pushing a ban that would stop the selling of 16-ounce sugary drinks in an effort to counter obesity in the nation's largest city.
"Two thousand more Americans have died from obesity, just in the last few months," said Bloomberg, who ends his term as New York City Mayor at the end of the year, "So whoever comes after us is going to have to continue with this, to this carnage is just going to continue."
Many soft drink marketer and businesses challenged the law and said it violated business' and customers' freedom to drink whatever they please.
The first ruling in March, New York Supreme Court Judge Milton Tingling said the city could not enforce the law. A day before the current ruling, Judge Tingling struck it down as a "arbitrary and capricious" ruling also that it was filled with "loopholes" and exemptions.
The American Beverage Association, which opposes the ban, applauded Tuesday's ruling.
"We are pleased that the lower court's decision was upheld," the ABA said in a statement. "With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City."
Still, the Bloomberg Administration is planning on appealing, calling the decision a temporary setback.
