Breaking: Judge overturns NYC soda ban

The court ruled that a regulation banning sugary drinks larger than 16 ounces was illegal

Published March 11, 2013 7:46PM (EDT)

  (AP/Seth Wenig)
(AP/Seth Wenig)

A lawsuit filed by the National Restaurant Association and others argued that Mayor Michael Bloomberg's Board of Health illegally regulated beverage sizes, and a judge has invalidated the ban.

New York Supreme Court Judge Milton Tingling issued a permanent injunction barring the city from enforcing its drink regulations, calling them "fraught with arbitrary and capricious consequences. The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole ... the loopholes in this rule effectively defeat the state purpose of the rule."

You can read the transcript of the full decision here.

[embedtweet id="311193341570195457"]

By Katie McDonough

Katie McDonough is Salon's politics writer, focusing on gender, sexuality and reproductive justice. Follow her on Twitter @kmcdonovgh or email her at

MORE FROM Katie McDonough

Related Topics ------------------------------------------

Bloomberg Health New York New York City Soda Ban