Just this morning, the New York State Court of Appeals ruled that New York City’s Board of Health did not have the authority to enact a ban on the sale of beverages larger than 16 ounces.

In other words, the soda ban is dead.

And it is for good reason.  It would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice.  What people eat, drink and feed their family is their choice and not the government’s.  Lawmakers should focus on what matters most – education, jobs and the economy – and leave the grocery shopping to us.

People don’t support the soda ban.  A Rasmussen Reports poll (May 2014) found that 63 percent of American adults oppose a ban on the sale of soft drinks larger than 16 ounces.  Just 19 percent favor a law like the one Bloomberg proposed. And an August 2012 New York Times poll found that 60 percent of New Yorkers oppose the proposed soda ban, with just 36 percent in support.  The opposition to the proposal spanned age, race, gender, political persuasion and soda consumption habits.

That’s one reason why the public policy debate has moved on from taxes and bans and onto real solutions.  If we want to get serious about obesity and diabetes, it starts with education – not laws and regulation.  We look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on New Yorkers and families across the country.

Check out this Wall Street Journal article for more information.