NYC Soda Ban Blocked: Justice Milton Tingling Calls Law 'Arbitrary, Capricious'

By Adam Ramirez on March 11, 2013 | Last updated on March 21, 2019

New York City's ban on large soda drinks was halted by a judge Monday after industry groups sued to stop the "unfair burden on small business." The ban was invalidated one day before the new law was to go into effect.

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Justice Milton Tingling ruled.

"The loopholes in this rule effectively defeat the state purpose of the rule," Justice Tingling wrote, stating the regulations are "fraught with arbitrary and capricious consequences."

Mayor Michael Bloomberg had spearheaded the ban on any sugary drink cup over 16 ounces from restaurants, movie theaters and other establishments as an attack on obesity. But beverage manufacturers, like the American Beverage Association, called the law an illegal overreach that would infringe upon consumers' personal liberty.

Justice Tingling sided with the trade groups and issued a permanent injunction prohibiting the city from implementing the plan.

NYC Soda Ban Halted by NY Judge Milton Tingling by

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