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NYC plans to appeal judge's sugary drinks ruling

Jennifer Peltz, Associated Press

FILE - This May 31, 2012 file photo shows a display of various size cups and sugar cubes at a news conference at New York's City Hall. A judge struck down New York City's groundbreaking limit on the size of sugar-laden drinks Monday, March 11, 2013 shortly before it was set to take effect, agreeing with the beverage industry and other opponents that the rule is arbitrary in applying to only some sweet beverages and some places that sell them. (AP Photo/Richard Drew, File)

NEW YORK (AP) -- New York City has told a court it plans to appeal a judge's decision blocking a first-of-its-kind ban on big sugary drinks.

Mayor Michael Bloomberg had made the city's plans clear, but a formal notice was filed Tuesday.

A Manhattan judge said Monday that the rule was arbitrary and outside city health regulators' purview.

It bars eateries from selling non-diet soda and some other sugary beverages in portions bigger than 16 ounces.

Bloomberg calls the ruling a "temporary setback." He says the city is confident it will win an appeal.

The American Beverage Association and other opponents say the judge's ruling is strong.

City officials point to the city's rising obesity rate and studies tying sugary drinks to weight gain. Opponents call the rule unfair and wrong-headed.