New York Supreme Court Reverses Soda Ban

In a ruling (link opens in PDF) released today, New York Supreme Court Judge Milton Tingling halted New York City Mayor Michael Bloomberg's proposed ban on supersized sugary drinks.

The ban was first proposed last September, was set to go into effect tomorrow, and would have prohibited most establishments from selling sugar-heavy drinks larger than 16 ounces.

Mayor Bloomberg's proposal was an attempt to tackle obesity and public health issues at the municipal level, but it had been criticized for both its "nanny state" idealism and its ineffective regulation. The ban would not have included state-regulated convenience stores and supermarkets and would not have prohibited the simultaneous purchase of two or more large sugary drinks. In the words of Judge Tingling, "The loopholes in this rule effectively defeat the stated purpose of the rule."

Per the court's ruling, New York City is "enjoined and permanently restrained from implementing or enforcing" its new health regulation "on the basis that it is arbitrary and capricious."

As of this writing, the Office of the Mayor has not commented on Judge Tingling's decision.

The article New York Supreme Court Reverses Soda Ban originally appeared on

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