It should be illegal to sell fountain soda cups in excess of 16 ounces in stores and restaurants.

originalA limit on soft drink size was to have taken place on March 12, 2013, in New York City. The law, passed by eight members of the city’s mayoral-appointed health board with one member abstaining, intended to prohibit the sale of many sweetened drinks more than 16 ounces (0.5 liters) in volume. Under the plan, all restaurants, fast-food joints, delis, movie theaters, sports stadiums and food carts would be barred from selling sugar-sweetened drinks in cups larger than 16 ounces (473 ml). The regulation would not apply to drinks sold in grocery stores including 7-Eleven. In addition, the regulation excludes drinks that are more than 70 percent fruit juice, are diet sodas, or that contain alcohol. The initiative was notably supported by Mayor Michael Bloomberg.

On September 13, 2012, New York City’s Board of Health voted unanimously in favor of the proposed regulation.The limit was to be enforced by the city’s regular restaurant inspection team, and the law allowed restaurant owners nine months to adapt to the changes before facing fines. Those plans fell through due to the invalidation of the law by New York Supreme Court Judge Milton Tingling on March 11, 2013. The office of Mayor Bloomberg has indicated that the city will appeal.On June 11, 2013, the New York City Department of Health and Mental Hygiene went to court to fight the ruling that blocked the ban. On July 30, 2013, an appeals court ruled against the proposed soda ban, saying it violates “the principle of separation of powers” and the board “failed to act within the bounds of its lawfully delegated authority”.

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