The state’s highest court should consider New York City’s first-of-its-kind effort to cut down on big, sugary soft drinks, city lawyers argued in a request made public Monday.
The request had been expected after a mid-level appeals court ruled last week against the measure limiting 16-ounce sodas and other high-calorie soft drinks sold at many eateries.
“This is a pressing public health matter that deserves careful review by the state’s highest court. The Board of Health must be able to combat the growing obesity epidemic, and there is clear precedent for the board to have that authority,” the city’s chief lawyer, Michael Cardozo, said in a statement Monday.
The American Beverage Association, which has helped lead the fight against the regulation, says it’s confident the ruling will stand.