Soda industry sues NYC over sugary drink limits

A couple drink soda beverages in New York, May 31, 2012. New York Mayor Michael Bloomberg said he plans to outlaw super-sized sugary drinks, in a ban cementing his reputation as one of America's hardest-driving policy makers on public health. AFP PHOTO/Emmanuel Dunand (Photo credit should read EMMANUEL DUNAND/AFP/GettyImages) EMMANUEL DUNAND/AFP/GettyImages

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. City officials had no immediate response.

The lawsuit says the unelected health board shouldn't be telling people how much soda to drink. The suit also says the rule "burdens consumers and unfairly harms small businesses."

Mayor Michael Bloomberg calls it a reasonable, promising way to curb obesity.

The city 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 rule will apply in restaurants, fast-food chains, theaters, delis, office cafeterias and most other places that fall under the Board of Health's regulation. People who buy sugary drinks at such establishments will still have an option to purchase an additional 16-ounce beverage.

Exempt from the ban are sugary drinks sold at supermarkets or most convenience stores and alcoholic and dairy-based beverages sold at New York City eateries.

The rule is set to take effect in March.

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