Top NY Court Agrees to Hear Bloomberg's Large Soda Ban Appeal

A judge struck down Mayor Bloomberg's ban in March

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    The state's highest court agreed Thursday to hear New York City's appeal of a ruling that blocked Mayor Bloomberg's effort to stop many eateries from selling super-sized, sugary drinks.

    The Court of Appeals granted a request by city officials to challenge a mid-level court decision that struck down the measure in August.

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    Arguments and a decision by the top court are expected next year.

    The lower court said the city Board of Health exceeded its authority by putting a 16-ounce size limit on high-calorie soft drinks. The cap would have applied to restaurants, stadiums and many other places.

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    New York City's limit on the size of sugary drinks is an "extraordinary infringement" on consumer choice, a lawyer for the American Beverage Association and other critics said in court Wednesday. News 4's Roseanne Colletti has the story. (Published Wednesday, Jan 23, 2013)

    Bloomberg said he was confident the top court would uphold the board's rule, which he said will help save lives.

    "Obesity is the only major public health issue we face that is getting worse, and sugary drinks are a major driver of the crisis," Bloomberg said. "The related epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year and striking hardest in black and Latino communities and low-income neighborhoods."

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    New York City's Health Department voted to approve the ban on large, sugary drinks. But opponents say they'll sue to stop it before it goes into effect. Roseanne Colletti reports. (Published Friday, Sep 14, 2012)

    The American Beverage Association said it's confident the lower court decisions will be upheld.

    "The courts have agreed the Board of Health did not have the authority to pass this regulation," spokesman Christopher Gindlesperger said. "We look forward to a final resolution of this issue."

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