Court De-Fizzes Mayor Bloomberg’s Soda Ban

A New York state judge ruled that the New York City “big soda can” ban promoted by Mayor Michael Bloomberg is illegal. It was slated to take effect Tuesday morning.

"It is arbitrary and capricious because it 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," wrote Supreme Court Justice Milton Tingling.

The mayor said he will appeal the decision.

Bloomberg previously has passed legislation to prohibit smoking in restaurants and parks and to require restaurants show the calorie count of meals. The ban of soda drinks in containers larger than 16 ounces was aimed at fighting obesity.