A judge struck down New York City's pioneering ban on big sugary drinks Monday just hours before it was supposed to take effect, handing a defeat to health-minded Mayor Michael Bloomberg and creating uncertainty for restaurants that had already ordered smaller cups and changed their menus.
State Supreme Court Justice Milton Tingling said the 16-ounce limit on sodas and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them.
In addition, the judge said the Bloomberg-appointed Board of Health intruded on the City Council's authority when it imposed the rule, citing in part a case from the 1980s which questioned whether a state public health council had the authority to regulate smoking in public places.
The city vowed to appeal the decision, issued by New York state's trial-level court.
For now, though, the ruling means the ax won't fall Tuesday on supersized sodas, sweetened teas and other high-sugar beverages in restaurants, movie theaters, corner delis and sports arenas.
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