— The state’s top soda industry group is urging the Colorado Supreme Court to overturn the ban on flavored colas and other sweeteners in soda and other sugary beverages.
The American Beverage Association, a trade group for beverage makers, said the ban is discriminatory against health concerns about colas that include added sugars, artificial sweeteners and salt.
The group also argues the ban prevents consumers from choosing a drink that is healthier and less sugary.
The American Beverages Association filed a petition Tuesday asking the court to take the case.
“The proposed ban is clearly an unwarranted restriction on choices and an unwelcoming to consumers that could result in reduced consumption of colas,” said David Rolfes, executive vice president of the association.
“The ban is a discriminatory and unjustified restriction that has resulted in higher prices for consumers and an even greater burden on the beverage industry.”
The petition comes a day after a federal appeals court ruled the ban violates the Commerce Clause of the U.S. Constitution.