New York Mayor Michael Bloomberg says a state appeals court ruling today is just a “temporary setback” in his effort to impose a 16-ounce size limit on high-calorie soft drinks served in restaurants, theaters and many other places.

In a unanimous opinion today, the mid-level appeals court said the city’s Board of Health had exceeded its legal authority when it approved the drink limit last year. The court said the board has the power to ban “inherently harmful” foodstuffs from being served to the public, but that sweetened beverages don’t fall into that category.

The court said soda consumption isn’t necessarily harmful when done in moderation, so it can’t be considered a health hazard.

The panel didn’t address whether the size limit would have infringed on personal liberties.

Bloomberg, the driving force behind the regulation, is promising a quick appeal.

The American Beverage Association, which had been among the groups challenging the rule, is applauding the court ruling. It was the second time a court found that the Board of Health had overstepped its authority in trying to limit soft-drink sizes.

(AP)