NEW YORK CITY – New York City’s Law Department has appealed a judge’s ruling to strike down a ban for restaurants and other retailers to sell sugar-sweetened beverages in sizes bigger than 16 ounces. The city’s appeal will have its day in court in June, the National Restaurant Association reports.

“Consistent with our desire to get a quick appellate review, the City filed its brief with the appeals court this week,” said Fay Ng, senior counsel for the department’s appeals division, in a written statement. “The sugary drinks proposal is an important part of the Mayor’s health initiative.”

Last month, the city lost the case that would have banned sugar-sweetened beverages larger than 16 ounces. Manhattan Supreme Court Justice Milton Tingling ruled the ordinance unlawful, arbitrary and capricious. The New York City Department of Health & Mental Hygiene approved the ban in late 2012, on the grounds that it would help reduce the obesity of city residents. The ban would forbid concession stands, delis, food carts, restaurants, stadiums and arenas from selling sugary drinks in sizes larger than 16 ounces.

Tingling based his decision on the fact that the ban exempted some foodservice establishments and didn’t encompass all sugar-sweetened drinks. The justice also found that the health board overreached its power in approving the prohibition.