On Thursday New York state's Court of Appeals agreed to challenge a previous court's decision to strike down Mayor Bloomberg's effort to prevent restaurants from serving large-sized, sugary drinks, NBC New York reports.
The Court is expected to hear arguments and make a decision next year.
Earlier this summer, the sugary-soda ban garnered much controversy as Mayor Bloomberg pushed for eateries to stop selling large, sugary beverages. A mid-level New York court eventually agreed with a NYC Judge who deemed the ban unconstitutional.
Today Mayor Bloomberg released a statement in response to the New York Court of Appeals' decision to hear the case:
Obesity is the only major public health issue we face that is getting worse, and sugary drinks are a major driver of the crisis. 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. New York City's portion cap rule would help save lives, and we are confident the Appeals court will uphold the Board of Health's rule.
The American Beverage Association, however, says it is confident that the lower court decision will be upheld.
"We look forward to a final resolution of this issue," said ABA spokesperson Christopher Gindlesperger.
