From healthland.time.com
(NEW YORK) — A judge struck down New York City’s ban on big sugary drinks Monday just hours before it was supposed to take effect, ruling that the first-in-the-nation measure arbitrarily applies to only some sweet beverages and some places that sell them.
“The loopholes in this rule effectively defeat the stated purpose of this rule,” state Supreme Court Justice Milton Tingling wrote in a defeat for Mayor Michael Bloomberg and a victory for the beverage industry and others who challenged the 16-ounce limit on sodas and other high-calorie drinks.
Further, the city Board of Health intruded on City Council’s authority in approving the size limit, the judge said. The restriction was supposed to start Tuesday.
The city said it will appeal the ruling as soon as possible. Supreme Court is New York’s trial-level court.
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