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The Boston Globe

Nation

Ruling upheld on large soft-drink sales

NEW YORK — An appeals court on Tuesday unanimously upheld a decision striking down New York City’s restrictions on the sale of large, sugary drinks, dealing a serious blow to Mayor Michael R. Bloomberg’s hopes of reviving the rule before his term runs out.

The court, the Appellate Division of State Supreme Court in Manhattan, concurred with a lower court’s ruling that the city’s Board of Health, appointed by the mayor, overstepped its bounds as a nonlegislative body by approving the rule. The justices also said that the various exceptions and carve-outs in the rule demonstrated that the board was concerned with matters beyond its simple mission to improve public health.

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