The mayor’s fight to ban sugary drinks will continue — even after he’s gone from office.
The state’s highest court agreed Thursday to hear New York City’s appeal of a ruling that blocked Mayor Bloomberg’s effort to stop many eateries from selling super-sized sugary drinks.
The Court of Appeals granted a request by city officials to challenge a mid-level court decision that struck down the measure in August.
Arguments and a decision by the top court are expected next year.
The lower court said the city Board of Health exceeded its authority by putting a 16-ounce size limit on high-calorie soft drinks. The cap would have applied to restaurants, stadiums and many other places.
Bloomberg said he was confident the top court would uphold the board’s rule, which he said will help save lives.
“Obesity is the only major public health issue we face that is getting worse, and sugary drinks are a major driver of the crisis,” Bloomberg said.
“The related epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year and striking hardest in black and Latino communities and low-income neighborhoods.”
Meanwhile, the two men vying to succeed Bloomberg, one of whom will be in office when the matter is resolved, weighed in on the issue Thursday.
“Bill supports the ban on large sugary drinks,” said Dan Levitan, a spokesman for Public Advocate Bill de Blasio. “As mayor he would review the status of the city’s litigation.”
Republican candidate Joe Lhota said he would not continue the lawsuit.
“He is opposed to the ban and would drop the appeal,” said Lhota campaign spokeswoman Jessica Proud.
The American Beverage Association said it is confident that the lower court decisions will be upheld.
“The courts have agreed the Board of Health did not have the authority to pass this regulation,” spokesman Christopher Gindlesperger said. “We look forward to a final resolution of this issue.”
With Beth DeFalco and Associated Press