It’s summer and you know what that means. Oh no, forget popsicles and ice cream and warm days in the park.

Last week, the New York Court of Appeals considered whether or not to bring back the ban on supersized sodas, which was overturned last March as part of former mayor Bloomberg’s attempt to fight obesity. Many opposed it, and according to a 2013 Gallup poll, only 30% of American’s supported it, so things are going to get a little sticky here.

The Board of Health is arguing in favor of the policy, since sodas contribute the largest amount of sugar to the American diet, about 40% added sugar. AP reports that NYC officials urged the state's top court on Wednesday to reinstate the big soda ban, pointing out that the Board of Health may restrict foods that lead to health problems like heart disease and obesity.

P.S. The ban would be a restriction on sizes. So if you REALLY want that 16oz soda, you could just go through the inconvenience of buying two 8 oz cups. Yikes.

Picthx Rudy Eng