A judge invalidated New York City’s ban on large sugary drinks on Monday, one day before it was to go into effect, dealing Mayor Michael R. Bloomberg a major blow.
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 of the soda rules, which applies to only certain sugared drinks -- for instance, beverages with a high milk content 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.”
The judge also wrote that the fact that consumers can receive refills of sodas, as long as the cup size is not larger than 16 ounces, would “defeat and/or serve to gut the purpose the rule.” And the judge also appeared to be skeptical of the purview of the city’s Board of Health, which the Bloomberg administration had maintained has broad powers to better the public’s health. That interpretation, the judge wrote, “would leave its authority to define, create, mandate and enforce limited only by its own imagination,” and “create an administrative Leviathan.”
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