Remember that whole New York City big soda ban thing? Well, it turns out it might not be dead yet, according to a new report.

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The city, under new mayor Bill de Blasio, will appeal to the state's highest court, seeking to implement a ban on sodas over 16 ounces. The ban was thrown out by a New York judge last year, and the initial appeal by the city was unsuccessful.

The court found that then-mayor Michael Bloomberg overstepped his authority by trying to institute the restriction without approval by the city council.

The Outnumbered crew weighed in on the possible soda ban, with #oneluckyguy Tucker Carlson arguing that individuals should be able to decide for themselves what they eat and drink. He argued there's no "science" that says banning large sodas will result in people getting thinner.

Carol Alt, host of A Healthy You on Fox News Channel, disputed that, saying there is science behind banning these Big Gulp-type drinks. She and Sandra Smith agreed that what is unfair about the proposal is that it will apply to some establishments and not others.

For instance, a 7-Eleven would not be subjected to the ban because the company is regulated under state law, but a small bodega on the same city street would have to comply.

Watch the discussion above.

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