State Judge Strikes Down New York City Soda Ban at Certain Venues Including Restaurants

by Colonel on March 12, 2013

“A state judge on Monday stopped Mayor Michael Bloomberg’s administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.

The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” wrote New York Supreme Court Judge Milton Tingling, blocking the rules one day before they would have taken effect. …

In halting the drink rules, Judge Tingling noted that the incoming sugary drink regulations were “fraught with arbitrary and capricious consequences” that would be difficult to enforce with consistency “even within a particular city block, much less the city as a whole.”

[E]stablishments from restaurants to mobile food carts would have been prohibited from selling sugary drinks larger than 16 oz.

” — Michael Howard Saul, Copyright 2013 Dow Jones & Company Inc.

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