New York's City's appeal of a ruling that blocked efforts to limit super-sized sugary drinks will be heard by the state's highest court.
In August, a lower court said the 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.
New York City Mayor Michael Bloomberg said sugary drinks are a major driver of a health crisis in New York.
"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," he said.
Bloomberg said the measure will help save lives. The case will be heard next year.