City files motion for second appeal of soda ban lawsuit

Dave Shih of Manhattan sips a 32-ounce sugary drink Credit: (Nancy Borowick)
The city filed an appeal with the state's highest court Monday, seeking to make the mayor's ban on large sodas a reality.
In its court filings, the Health Department said the state appellate court was wrong to rule in favor of the soda companies last week because the agency has the power to enact the ban on sugary drinks served in cups greater than 16 ounces in establishments that get letter grades.
The American Beverage Association and other organizations contend the ban was improper because it singled out sodas as a leading cause of obesity and didn't go through the City Council.
"We look forward to a final resolution of this issue," an ABA spokesman said in a statement.

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