City to appeal soda ban ruling Tuesday

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

The Health Department will argue against the March ruling that blocked its ban of sugary drinks greater than 16 ounces from being sold in any location that gets a letter grade. Judge Milton 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 its charter and that it is needed to improve the health of New Yorkers.

Chris Gindlesperger, a spokesman for the American Beverage Association, one of the plaintiffs in the lawsuit, said it is easy to see how the ban would cost many small businesses in the long-run.

"Justice Tingling's ruling was strong and we're confident in his decision," he said.