New York City's soda ban has gone flat. A judge ruled to dismiss the ban on big, sugary drinks. But as Grace Rauh reports, Mayor Michael Bloomberg isn't giving up his fight on obesity.

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NEW YORK CITY, N.Y. -- New York City Mayor Michael Bloomberg says he will appeal Monday's ruling from a judge who struck down the city's ban on large sugary drinks, just hours before the ban was supposed to take effect.

On Monday, a state Supreme Court judge called the ban "arbitrary." It would have limited the sale of non-diet sodas to 16 ounces or smaller at sporting events and restaurants, but not at supermarkets or convenience stores.

"The Board of Health’s limit on the serving size of sugary drinks does not limit anyone’s consumption. It just requires them to think about whether they really want more than 16 ounces," Bloomberg said.

The ban was supposed to go into effect Tuesday.

Bloomberg says the ban is needed to confront an epidemic of obesity that he feels is as serious, if not more so, than smoking.

The ruling sides with members of several beverage and shop owners' groups who had argued the ban would place an unfair burden on small businesses.