Judge strikes down New York sugary-drinks size rule

State Supreme Court Justice Milton Tingling said that the 16-ounce (half liter) limit on sodas and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them.

“The loopholes in this rule effectively defeat the stated purpose of this rule,” Tingling wrote in a 36-page ruling issued Monday that examined the scope of power that should be afforded an administrative board for regulations. The ruling was seen as a victory for the beverage industry, restaurants and other business groups that called the rule unfair and wrong-headed.

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.

Bloomberg, who has championed the ban as a novel measure for fighting obesity, vowed to appeal the decision.

“We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal,” Bloomberg said. He added: “One of the cases we will make is that people are dying every day. This is not a joke. Five thousand people die of obesity every day in America.”

For now, though, the ruling it 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.

The drinks limit follows other efforts by the Bloomberg has made to improve New Yorkers' eating habits, from compelling chain restaurants to post calorie counts on their menus to barring artificial trans fats in restaurant food to prodding food manufacturers to use less salt. The city has successfully defended some of those initiatives in court.

The big drinks ban — the first of its kind in the U.S. — has sparked reaction from city streets to late-night talk shows, celebrated by some as a bold attempt to improve people's health and derided by others as another “nanny state” law from Bloomberg during his 11 years in office.

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