New York City is asking appeals judges to reinstate a ban on supersized sodas and other sugary drinks.

Soda cups
Joe Raedle, Getty Images
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The city had vowed an appeal and said Thursday that lawyers had filed it late Monday. A Manhattan judge struck down the first-of-its-kind measure March 11, a day before it was to take effect.

The rule would prohibit many eateries from selling high-sugar drinks in more than 16-ounce portions. City officials say it will combat obesity.

Beverage makers and sellers say the rule is unfairly arbitrary because it would exempt some high-calorie drinks and some retailers, including supermarkets and convenience stores. The critics also say the city Board of Health overstepped its authority in passing the ban.

The trial court judge agreed.

 

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