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Appeals court strikes down NYC ban on good sized sodas NEW YORK An appeals court ruled Tuesday that the city’s Board of Health exceeded the legal authority and acted unconstitutionally when it tried to place a size limit on soft drinks served in city restaurants. In a unanimous opinion, the four-judge panel of the condition Supreme Court Appellate Division stated that the health board was acting an excessive amount of such as a legislature when it produced the limit, which would have stopped product sales of non-diet soda and additional sugar-laden drinks in containers larger than 16 ounces .