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NYC to appeal strike down of large sugary drink ban

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    Eric Shawn reports from New York

  • Duration 1:49
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Okay New Yorkers feel free to grab a gallon of soda if you like -- drink it right in front of the mayor's house.

You can't do anything now because it's just hours ago a judge tossed out mayor Bloomberg's proposed ban on large sugary drinks.

That -- was set to take effect on Tuesday.

Mayor Mike Bloomberg said it was intended to help fight obesity but businesses sued to stop the rule.

And the judge sided with them calling the ruling arbitrary and capricious.

Our senior correspondent Eric Shawn live -- -- -- New York -- -- that judge say -- -- -- he said it gives the government limitless authority.

Taking regulation -- he said new heights new York state supreme court judge numb tingling world quote.

It applies to some but not all food establishments in the city.

It excludes other beverages that have significantly higher concentrations of sugar sweeteners and -- calories.

You know the rule doesn't ban refills so for example you -- drink up as much as you won anyway.

The American Beverage Association tonight says the ruling provides a quote sigh of relief to New Yorkers and thousands of small businesses -- And but lawyers for the cities say they will appeal.

Yeah and they are you going to be doing that they say they confident -- the band will ultimately be upheld.

Mayor Bloomberg said today that he thinks he's doing the right thing to protect the public's health.

With so many people contracting diabetes and heart disease with -- children who are overweight and obese.

With so many poor neighborhoods suffering the worst of this epidemic we believe it is reasonable and responsible to -- are -- By the mayor said he pushed the -- because obesity kills 5000.

New Yorkers a year he says more than 57% of New Yorkers are overweight.

And says obesity runs up four billion dollars in medical costs shot.

Eric Shawn live in New York City tonight Eric thank you.

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