POLITICS
06/26/2014 10:01 am ET Updated Jun 26, 2014

New York City's Soda Ban Fizzles Out For Good

FILE - In this March 12, 2013 file photo, New York City Mayor Michael Bloomberg looks at a 64-ounce cup, as Lucky's Cafe owne
FILE - In this March 12, 2013 file photo, New York City Mayor Michael Bloomberg looks at a 64-ounce cup, as Lucky's Cafe owner Greg Anagnostopoulos, left, stands behind him, during a news conference at the cafe in New York. The mayors of New York, Los Angeles, Chicago and 15 other cities are reviving a push against letting government food vouchers be used to buy soda and other sugary drinks. In a letter to congressional leaders Tuesday, the mayors say it’s “time to test and evaluate approaches limiting” the use of the subsidies’ for sugar-laden beverages. (AP Photo/Seth Wenig, File)

New York City's efforts to revive former Mayor Michael Bloomberg's soda ban have finally fizzled out and gone flat.

The state's Court of Appeals refused to reinstate the city's ban on Thursday morning, ruling that the city's health department had "exceeded the scope of its regulatory authority" when it prohibited the sale of sugary drinks sold in containers larger than 16 ounces, The New York Times reports.

It's the third and final time the law has been struck down in court. The city now has no more appeals left and the soda ban, championed by Bloomberg as a means of fighting obesity, appears to be officially dead. The measure would've banned large servings of soda and other sugary beverages at restaurants, movie theaters, stadiums, street carts, and other places.

Thursday's decision is a result of a lawsuit filed by the beverage industry, as well as restaurant and theater owners.

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