Judge Sours on Bloomberg's Sugary Drink Ban

The day before it was to go into effect, a New York State Supreme Court judge has invalidated New York City's ban on large sugary drinks, reports Michael M. Grynbaum.
March 12, 2013, 5am PDT | Jonathan Nettler | @nettsj
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Ruling that the law was “arbitrary and capricious,” "[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," writes Grynbaum.

"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."

According to Grynbaum, "The ruling stunned the Bloomberg administration, which was deep into preparations to begin enforcing the ban and had even boasted on Monday that it should be applied nationally as a remedy to rising obesity rates."

The administration said it would "appeal the decision as soon as possible."

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Published on Monday, March 11, 2013 in The New York Times
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