Last week, a NY appellate court found that Mayor Bloomberg's ban on sugary drinks over 16 ounces was unconstitutional, claiming that his administration overstepped its power. After the ruling was announced, Bloomberg declared, "Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic"—and now we have the move for an appeal!

The NYC Law Department is asking the NY State Court of Appeals, the highest court in the state, to review the case, pointing out the Department of Health is allowed to act in significant ways to protect New Yorkers' health. According to the Law Department, "In its papers, the City asks that an appeal be handled on an expedited basis and notes a recent American Medical Association study showing the deadly, and irreversible health impacts of obesity and Type 2 diabetes, both of which are linked to consuming sugary drinks."

NYC Corporation Counsel Michael Cardozo said, "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."

Sugary Drinks Motion for Leave to Appeal