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| New York City soda ban struck down by judge in eleventh-hour ruling | New York City soda ban struck down by judge in eleventh-hour ruling |
| (35 minutes later) | |
| A state judge has halted New York City's ban on large sugary drinks just hours before it was due to go into effect, calling it "arbitrary and capricious". | A state judge has halted New York City's ban on large sugary drinks just hours before it was due to go into effect, calling it "arbitrary and capricious". |
| The ruling is a blow to the mayor of New York, Mike Bloomberg, who has personally promoted the ban and who earlier in the day had said it would help those in poverty who "don't have the ability to take care of themselves as well". | The ruling is a blow to the mayor of New York, Mike Bloomberg, who has personally promoted the ban and who earlier in the day had said it would help those in poverty who "don't have the ability to take care of themselves as well". |
| In her ruling, New York supreme court judge Milton Tingling said the regulations, which would have banned the sale of sugary drinks larger than 16oz, were "fraught with arbitrary and capricious consequences". | In her ruling, New York supreme court judge Milton Tingling said the regulations, which would have banned the sale of sugary drinks larger than 16oz, were "fraught with arbitrary and capricious consequences". |
| Tingling said in a 37-page ruling that the city is "enjoined and permanently restrained from implementing or enforcing the new regulations". | Tingling said in a 37-page ruling that the city is "enjoined and permanently restrained from implementing or enforcing the new regulations". |
| The Bloomberg administration is likely to appeal the ruling. | The Bloomberg administration is likely to appeal the ruling. |
| The law banned the sale of containers larger than 16oz of sugary drinks and soda at restaurants, bowling alleys and cinemas. But convenience stores and grocery stores, which are beyond the authority of the city's health department, would still be allowed to sell large containers. | The law banned the sale of containers larger than 16oz of sugary drinks and soda at restaurants, bowling alleys and cinemas. But convenience stores and grocery stores, which are beyond the authority of the city's health department, would still be allowed to sell large containers. |
| Tingling said this would have led to a patchwork of enforcement. "It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories and on suspect grounds, and the loopholes inherent in the rule, including but not limited to no limitations of refills, defeats and/or serve to gut the purpose of the rule." | Tingling said this would have led to a patchwork of enforcement. "It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories and on suspect grounds, and the loopholes inherent in the rule, including but not limited to no limitations of refills, defeats and/or serve to gut the purpose of the rule." |
| She went on: "The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole … the loopholes in this rule effectively defeat the stated purpose of the rule." | |
| Bloomberg's office did not immediately respond to the ruling on Monday afternoon, but the official Twitter feed of the New York mayor posted: "We believe @nycHealthy has the legal authority and responsibility to tackle causes of the obesity epidemic, which kills 5,000 NYers a year." | Bloomberg's office did not immediately respond to the ruling on Monday afternoon, but the official Twitter feed of the New York mayor posted: "We believe @nycHealthy has the legal authority and responsibility to tackle causes of the obesity epidemic, which kills 5,000 NYers a year." |