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New Yorkers can drink as much soda as they want after the Supreme Court’s Appellate Division ruled in favor of a lower court that dismissed Mayor Michael Bloomberg’s proposed ban on sugary drinks larger than 16 ounces. The court found that the city’s Board of Health “failed to act within the bounds of its lawfully delegated authority,” CNN reports, but Bloomberg is still not ready to back down.

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Bloomberg has launched a variety of programs aimed at tackling New York City’s obesity epidemic, but the soda ban has been particularly controversial. The American Beverage Association celebrated the ruling, which found the health department’s attempt to ban sodas “arbitrary and capricious”. “Since legislative power rests in the legislature, according to the appellate decision, the board members cannot engage in broad-based public policy determinations and “cannot exercise sweeping power to create whatever rule they deem necessary,” according to CNN.

“We are pleased that the lower court’s decision was upheld,” said Christopher Gindlesperger, senior director of public affairs at the American Beverage Association. “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.” Bloomberg meanwhile has called the decision a temporary setback and said in a statement that the city would appeal.