A US COURT has refused to reinstate a ban on selling large sodas in New York.

The city had gone to court seeking a reversal of an earlier decision to block the ban, which was the controversial brainchild of former mayor Michael Bloomberg.

New York’s Court of Appeals voted 4-2 against the city’s health board, saying that the board lacked the authority to impose the ban, which would have limited the size of soft drinks sold in cinemas, restaurants and stadiums to 16 ounces, or 448ml.

Groups including the American Beverage Association (ABA), which counts Coca Cola among its members, had action against the city, saying that the rule would have been anti-consumer choice.

At a trial, the law was called “arbitrary and capricious” because it excluded businesses such as convenience stores. That decision was upheld on appeal, which was then appealed to the state’s highest court in Albany.

In a statement to Bloomberg News, the ABA welcomed the ruling.

“[The law] would have created an uneven playing field for thousands of small businesses in the city and limited New Yorkers’ freedom of choice.”

“With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on New Yorkers and families across the country,” the association said.

Read: New York City goes to court to ban the sale of giant fizzy drinks