Soft-drink makers, restaurateurs and other businesses are suing to block New York City's move to end the sale of super-sized, sugary drinks in many eateries.
The American Beverage Association and others sued the city Friday saying, "the historic authority of the executive in New York City has never reached so far."
The city's Board of Health approved the unprecedented regulation last month. It would stop restaurants, cafeterias and concession stands from selling soda and other high-calorie drinks in containers larger than 16 ounces.
The plaintiffs argue the change is more like a "law" rather than a mere "policy change," and that the unelected health board shouldn't be telling people how much soda to drink. The suit also says the rule, which is set to take effect in March, "burdens consumers and unfairly harms small businesses."
Mayor Michael Bloomberg calls it a reasonable, promising way to curb obesity.
A spokesman for Mayor Bloomberg insists the board of health "absolutely" has the authority to enact the ban. He added the lawsuit has the fortunate effect of putting a greater spotlight on the obesity epidemic.