A 32-ounce soda is filled at a Manhattan McDonald's on...

A 32-ounce soda is filled at a Manhattan McDonald's on Sept. 13, 2012. Credit: Getty Images / Mario Tama

Giant sodas are safe.

New York State's highest court on Thursday refused to reinstate a ban on the sale of sugary drinks larger than 16 ounces, one of former Mayor Michael Bloomberg's most high-profile plans to fight obesity.

The state's Court of Appeals sided with a lower court that had already overturned the 2012 ban, which had been bitterly opposed by the soda industry. Joined by restaurant and theater owners, the beverage companies sued the city.

The de Blasio administration had decided to continue to Bloomberg's fight for the ban. In a statement, the city's Department of Health said the ruling "does not change the fact that sugary drink consumption is a key driver of the obesity epidemic, and we will continue to look for ways to stem the twin epidemics of obesity and type 2 diabetes by seeking to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods."

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