New York City officials are trying to convince the state's top court to reinstate their ban on big sodas, which was blocked by lower courts.
The Court of Appeals is set to hear arguments Wednesday by the city Board of Health that it has the authority to restrict sales of various "sugary drinks" larger than 16 ounces.
The restrictions were pushed in 2012 by then-Mayor Michael Bloomberg in an effort to curb rising obesity. They applied to restaurants, delis, fast-food franchises, movie theaters, stadiums and street carts.
Restaurants, theater owners and beverage companies who filed suit have won so far in lower courts that concluded the board overstepped its authority.
The Appellate Division, a midlevel court, noted that both the City Council and the state Legislature considered the issue but didn't impose restrictions.