TODAY   |  March 12, 2013

Bloomberg set to appeal judge’s soda ban reversal

Just a day before Mayor Michael Bloomberg’s controversial ban on large sugary drinks was to go into effect, the measure was struck down by a New York State supreme court judge. Mayor Bloomberg says he plans to appeal. NBC’s Mara Schiavocampo reports.

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>>> new york 's mayor michael bloomberg is vowing to appeal a state supreme court ruling to ban large sugary drinks. it's a plan he favored that was set to take effect this morning. mara schiavocampo has more on the story. good morning to you.

>> reporter: matt, good morning. starting today, super sized drinks like this one were supposed to be a no-no in new york city . there was a lot of resistance to the ban from regular new yorkers to businesses like starbucks that didn't want to comply. now a judge says they don't have to. a sour turn for new york city 's crusade against sweet drinks.

>> if we are serious about fighting obesity, we have to be honest about what causes it.

>> reporter: monday, a new york state supreme court blocked the city's ban on large sugary drinks. the restrictions would have prohibited restaurants, movie theaters and other establishments from selling sweet drinks in containers larger than 16 ounces to combat obese oh ti.

>> people should be able to put into their body what they want.

>> it's probably possible to educate the public without changing the law.

>> reporter: in his ruling the judge said the ban was, quote, arbitrary and capricious, that the city exceeded its authority and the fact that refills weren't restricted would defeat the purpose of the rule.

>> the judge said it has too many loopholes, it's confusing. therefore, arbitrary and capricious.

>> reporter: the beverage industry said it would have cost them tens of millions of dollars. small business owners worried about lost sales and the potential for fines.

>> it's an outrageous low that makes no sense. across the street we have a store where you can buy as much liquor as you want.

>> reporter: it's one of the mayor bloomberg 's controversial campaigns against obesity, smoking --

>> this is what this decision cost me.

>> reporter: and most recently teen pregnancy. it seems his next battle may be against the court.

>> we believe that the judge's decision was clearly in error. and that we will prevail on appeal.

>> reporter: the mayor hoped the law would be a final legacy of his last term. despite his enthusiasm for measure it wasn't a popular one. one poll found 60% of new yorkers thought it was a bad idea. matt?

>> mara schiavocampo in new york .