A judge invalidated New York City’s ban on large sugary drinks on Monday, one day before it was to go into effect, dealing a significant blow to one of Mayor Michael R. Bloomberg’s signature public-health initiatives and a marquee project of his third term.
The decision by Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan blocks the city from putting the rules into effect or enforcing them.
Justice Tingling said the rule banning the drinks was “arbitrary and capricious.”
In his opinion, Justice Tingling specifically cited a perceived inequity in the soda rules, which applies to only certain sugared drinks — beverages with a high milk content, for instance, would be exempt — and would apply only to some food establishments, like restaurants, but not others, like convenience stores.
“It applies to some but not all food establishments in the city,” Justice Tingling wrote. “It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.”
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