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The beverage industry contends the Board of Health didn't have the authority to pass New York City's soda ban.
The Big Gulp may be making a comeback in the Big Apple.
The American soft-drink industry, joined by several New York restaurant and business groups, filed a lawsuit Friday to overturn New York City's ban on the sale of sodas larger than 16 ounces in city restaurants, stadiums and other venues, The New York Times reported.
More from GlobalPost: Up in fizz: New York soda ban approved
The litigation argues the Board of Health did not have the authority to pass the ban last month.
“This lawsuit is about ensuring that the Board of Health respects the legislative process,” Caroline Starke, a spokeswoman for the plaintiffs, said in an emailed statement to the Wall Street Journal. “Despite strong and growing opposition from New Yorkers, the proposal was passed by sidestepping the city’s elected legislators.”
More from GlobalPost: Mayor Michael Bloomberg wants large sodas banned in New York
Spearheaded by Mayor Michael Bloomberg as a way to lower obesity rates in America's largest city, the restrictions have been decried by critics as government run amok.
The ban will not apply to drinks sold in grocery stores, diet sodas, drinks that are more than 70 percent fruit juice, or that contain alcohol.
Bloomberg and top administration officials have previously said they believe the new policy will survive any legal challenge.