On Tuesday, a state appeals court called New York City's ban on supersized soda unconstitutional. Allison Joyce/Getty Images News hide caption

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Harry Patel, an employee of Blondie's Deli and Grocery, talks on the phone while waiting for customers in New York on Monday. A new anti-smoking proposal would make New York the first city in the nation to keep tobacco products out of sight in retail stores. Mark Lennihan/AP hide caption

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A New York subway ad from Zevia soda company, supporting the mayor's ban. Jason Decrow/Invision for Zevia/AP Images hide caption

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President Obama turned a planned campaign speech in Fort Myers, Fla., into a brief statement about the shooting rampage. He asked the audience to join him in a moment of silence for the victims. Mandel Ngan/AFP/Getty Images hide caption

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New York City food carts would also be affected by Mayor Michael Bloomberg's proposal to ban sugary drinks 16 oz. and larger. Andrew Burton/Getty Images hide caption

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