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New York citys ban on big gulp's fall's in the courts. Was coffee next?

  New York's highest court refused to reinstate New York City's ban on the sale of sodas over 16 ounces, ruling that the city's health department overstepped its bounds when they approved the 16-ounce cap on sugary beverages.
   
"The Board of Health engaged in law-making beyond its regulatory authority," the opinion reads. "… It is clear that the Board of Health wrote the Portion Cap Rule without benefit of legislative guidance."
   Judge Victoria Graffeo questioned the limit in light of exclusions like mixed COFFEE drinks loaded with more than 800 calories.
According to the American Beverage Association, New York City is the only jurisdiction attempting such a restriction, though several others around the country have tried and failed to impose special taxes on sugary drinks.

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