Judge blocks NYC sugary drink ban, says it's 'arbitrary and capricious'

Just one day before New York City's ban on large, sugary drinks was supposed to go into effect, a judge has blocked the plan.

NYC Mayor Michael Bloomberg pushed for the ban as a way to better the publicâ??s health...and assumed his Board of Health for the city had the authority to impart the ban.

But the judge thinks differently.

According to the New York Times, Milton A. Tingling Jr. of State Supreme Court in Manhattan specifically cited a perceived inequity in the soda rules, which applies to only certain sugared drinks â?? beverages with a high milk content, for instance, would be exempt â?? and would apply only to some food establishments, like restaurants, but not others, like convenience stores.

â??It applies to some but not all food establishments in the city,â?? Justice Tingling wrote. â??It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.â??

The judge's decision blocks the city from putting the ban into effect.

Bloomberg's office was quick to say they will appeal the decision.

â??We plan to appeal the decision as soon as possible, and we are confident the Board of Healthâ??s decision will ultimately be upheld,â?? Michael A. Cardozo, the Bloomberg administrationâ??s chief counsel, said in a statement to the Times. â??We believe the Board of Health has the legal authority â?? and responsibility â?? to tackleâ?? the causes of obesity.

According to the New York Times, at a news conference on Monday just hours before the ruling, Mr. Bloomberg predicted little resistance to the measure. â??I think youâ??re not going to see a lot of pushback here at all,â?? he said. â??I think everybody across this country should do it.â??

What do you think of the judge's decision to block the Big Apple's sugary drink ban? Did Bloomberg bite off more than he could chew and swallow? (Pardon our pun).