Judge strikes down NYC’s large sugary-drink rule
March 11, 2013 | 04:31 PM
A judge invalidated New York City’s ban on the sale of large sugary drinks on Monday, one day before it was to go into effect, the New York Times reported today.
Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan said the rule banning the drinks was “arbitrary and capricious” because it banned only certain sugared drinks in some food establishments, like restaurants, but not others, like convenience stores.
The judge also seemed skeptical of the purview of the city’s Board of Health, which Mayor Michael Bloomberg’s administration has maintained has broad powers to better the public’s health, the Times said.
Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan said the rule banning the drinks was “arbitrary and capricious” because it banned only certain sugared drinks in some food establishments, like restaurants, but not others, like convenience stores.
The judge also seemed skeptical of the purview of the city’s Board of Health, which Mayor Michael Bloomberg’s administration has maintained has broad powers to better the public’s health, the Times said.
