March 11, 2013 - Mayor Michael Bloomberg's initiative to [limit the portion size of sugary drinks](http://www.reuters.com/article/2013/03/11/us-sodaban-lawsuit-idUSBRE92A0YR20130311) sold in restaurants and other venues has been halted by a state judge, just one day before the law was to take effect. State Supreme Court Justice Milton Tingling called the regulation "arbitrary and capricious" and declared it invalid. The Bloomberg administration said it would appeal the decision.
"The judge is wrong, plain and simple," said Kelly Brownell, PhD, Rudd Center Director. "This ruling is neither capricious nor arbitrary, so the judge's ruling is a victory for the soda companies, but not for the public good. It is just a matter of time before New York City or another city successfully passes this regulation and a judge will see its wisdom."
The regulation was supposed to take effect on March 12, 2013 and prohibit restaurants, food carts, delis, theaters, and arenas from selling sugary drinks in cups or containers larger than 16 ounces. The aim of the measure is to combat obesity through reducing consumption of sugary drinks.
While many health experts lauded the passage as a major step forward in making New York City residents healthier, the [American Beverage Association and other business groups](http://www.huffingtonpost.com/2012/10/13/nyc-soda-ban-sued-by-businesses-national-restaurant-assocation_n_1963615.html) had sued the city in October 2012 claiming the ban was unfair and undemocratic.
URL: http://www.yaleruddcenter.org/new-york-citys-sugary-drink-size-limit-halted-by-judge
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