A New York state appeals court handed N.Y.C. Mayor Michael Bloomberg a supersized disappointment on Tuesday when it affirmed a state judge's ruling blocking the city's ban on large sugary drinks.

A four-judge panel of the state's Supreme Court Appellate Division, said that the city's Board of Health exceeded its authority when it passed the ban, which would have banned the sale of sugary drinks of larger than 16 ounces.

The judges took issue with Bloomberg's decision to circumvent the city council (a legislative body) and instead seek approval for the measure from the executive agency Board of Health. The city had argued that the board had the power to regulate issues that affected public health in the city.