Michael Bloomberg’s plan to ban big sodas in New York City failed on Thursday.

Bloomberg proposed the ban in 2012 and said that the drinks were helping people develop bad habits that ultimately lead to diabetes and other health problems. The American Beverage Association quickly filed lawsuit and left the ban in the hands of the court system.

According to NY Times, two lower courts had already ruled against the ban.

As one of the most aggressive and controversial health initiatives in the country, Bloomberg’s ban on huge sodas was ruled out by an appeals court on Thursday. The court said that the ban “exceeded the scope of its regulatory authority,” according to the Washington Post.

Bloomberg and health advocates argue that the ban was an effort to lower the country’s obesity rate. Health advocates say that these extra large, sugary sodas are playing a large part in the growing obesity of America.

The ruling made on Thursday could potentially have long-term affects for the Board of Health, who in recent years cut trans fats in restaurants and put calorie counts on menus.

The American Beverage Association says that it is “pleased” with the court’s ruling. They believe that the ban would create problems for thousands of small business owners in New York City.