American Beverage Association Among Those Suing NYC Over Sugary Drink Crackdown

NEW YORK (CBSNewYork/AP) -- Soft drink makers, restaurateurs and other businesses are suing to block New York City's move to end the sale of super-sized, sugary drinks in many eateries.

The American Beverage Association and others sued the city Friday. City officials had no immediate response.

The city Board of Health approved the unprecedented regulation last month.

The new regulation puts a 16-ounce limit on sugary drinks sold at city restaurants, movie theaters, sports venues and street carts and applies to both bottled and fountain drinks.

It does not include grocery or convenience stores that don't serve prepared food and would not apply to diet soda, other calorie-free drinks or anything that has at least 50 percent milk or milk substitute.

The rule is set to take effect in March.

Mayor Michael Bloomberg has called it a reasonable, promising way to curb obesity.

"This has nothing to do with banning your ability to buy as many sugary drinks as you want, simply the size of the cup that can be used, it cannot be greater than 16 ounces under this regulation," Bloomberg explained.

The lawsuit said the unelected health board shouldn't be telling people how much soda to drink. The suit also said the rule "burdens consumers and unfairly harms small businesses."

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