FILED IN: Health

Sorry Bloomberg, judge says soda ban — denied!

Judge says Bloomberg’s argument for soda ban is invalid. Photo via Jonathan King.

Sorry Bloomberg, your argument is invalid — or so a New York State Supreme Court Judge said on Monday about the mayor’s ban on sugary drinks over 16 ounces.

NYC Mayor Bloomberg, who had the ban instituted last fall by his health board, an organization Bloomberg allegedly uses to push his health agendas. Although some health advocates applauded the ban as a step towards lowering obesity rates, corporations such as Coca-Cola, PepsiCo and McDonalds argued that the ban was unconstitutional and totalitarian.

The ban on soda drinks over 16 ounces was set to take place on Tuesday, however, the measure was struck down by Justice Milton Tingling in Manhattan on Monday after he called the legislation “arbitrary and capricious.”

Justice Tingling ruled that the ban was inconsistent, stating, “[I]t applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the rule … serve to gut the purpose of the rule.”

Tingling also said that the health board’s original purpose was to combat acute epidemics not “chronic” sickness and given that the ban was limited to restaurants and not other businesses, it would make enforcement unfair and inequitable.

Bloomberg and his lawyers say they plan to appeal today’s ruling.