New York’s No Sugary Drinks Law Thrown Out

New York City Board Of Health Approves Bloomberg's Over Sized Sugary Drink Ban

Mario Tama/Getty Images

One day before New York City was ready to enact a law banning large sugary drinks from restaurants, movie theaters and other establishments a judge invalidated it.

CBS News is reporting that New York Supreme Court Judge Milton Tingling ruled Monday that the city may not enforce the new law. The ban was set to take place on Tuesday; effectivly banning all drink sizes bigger than 16 ounces sold at restaurants, fast food, delis, sports venues and movie theaters.

Tingling said that loopholes in the law defeated the limit’s purpose.

“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 on suspect grounds, the loopholes inherent in the Rule, including but not limited to limitations on re-fills, defeat and/or serve to gut the purpose of the Rule,” Tingling wrote in his ruling.

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