Bloomberg big soda law in court Tuesday

The next battle in Mayor Michael Bloomberg's war against obesity is set to take place Tuesday in the state appellate court.

The city Health Department will argue against the March ruling that blocked its ban of sugary drinks greater than 16 ounces in any location that gets a letter grade. Judge Milton A. Tingling contended the approved law was "arbitrary and capricious" and beyond the city's legal limitations.

In his written appeal, Michael Cardozo, the city's corporation counsel, said the ban is well within the city's jurisdiction under the charter and it was needed to improve the health of New Yorkers.

The Health Department said diabetes is on the rise among city residents and that deaths related to the disease have reached a record high.

Chris Gindlesperger, a spokesman for the American Beverage Association, one of the plaintiffs in the lawsuit, said he is confident that he and the other involved companies will prevail in court. He said it is easy to see how the ban would cost many small businesses in the long run.