Bloomberg’s Supersized Soda Ban Fizzles

Judge dismisses regulations as ‘arbitrary and capricious’

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In a huge victory for big soda and a blow to nutritionists, a New York Supreme Court judge Monday shot down New York Mayor Michael Bloomberg’s ban on soda servings more than 16 ounces.

A day before the new regulations were to go into effect, State Supreme Court Justice Milton Tingling in Manhattan dismissed the ban outright, declaring it “arbitrary and capricious.” 

Tingling said, “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.

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