Nightly News   |  March 11, 2013

Bloomberg to appeal soda ban ruling

Calling the judge’s decision “an error,” New York City Mayor Michael Bloomberg is gearing up to challenge the ruling and ensure that the ban on large sugary drinks can still go into effect. NBC’s Rehema Ellis reports.

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>>> surprising story in new york. it is about health but also civil liberties and the reach of government. mayor michael bloomberg famously tried to ban large fountain drinks as an effort to combat oh obesity, but a judge stopped the order and now the mayor is saying this isn't over yet. our report from rahema ellis.

>> reporter: the ruling from the new york state supreme court judge came this afternoon, stopping new york city from banning large sugary drinks. the judge called the ban on drinks larger than 16 ounces or larger was arbitrary and capricious.

>> you could walk next door and get the same thing. he said it doesn't cover all high calorie sugary drinks snrk some welcome the decision.

>> there shouldn't have been a ban in general or a prop position.

>> reporter: the american beverage association issued a statement says the court ruling provides a sigh of relief to new yorkers and thousands of small businesses in new york city that would have been harmed by this arbitrary and unpopular ban. it's not the first time the mayor tried to enact laws to enact public health . he won court approval to force restaurants to post calorie information and ban artificial trans-fats in restaurant food. the mayor plans to appeal today's ruling.

>> we believe the judge's decision was clearly in error and that we will prevail on appeal. if we are serious about fighting obesity, we have to be honest about what causes it and we have to have the courage to tackle it head on.

>> reporter: in a city of more than 8 million where health officials say the obesity epidemic is responsible for more than 5,000 deaths a year, the mayor says his fight to make new yorkers healthier will