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)