A state appeals court is considering whether to allow New York City to ban oversized sodas and other large sugary drinks at city restaurants as part of its war on diabetes and obesity.

The city's Board of Health enacted a rule last year that would put a 16-ounce limit on sweetened beverages at all city-licensed eateries. The regulation would apply to thousands of fast food joints, fine restaurants and sports stadiums, but not to grocery stores.

A state judge struck down the regulations in March, saying they had too many loopholes that would undermine the and arbitrarily applied to some businesses but not others.

A state appeals court heard arguments from both sides on Tuesday. A decision isn't expected for some time.