A proposed ban on large sugary soft drinks that was scheduled to go into effect on March 12 has been overturned by a State Supreme Court judge.
New York Supreme Court Judge Milton Tingling ruled the ban as unconstitutional on Monday afternoon, and that the city was, "enjoined and permanently restrained from implementing or enforcing the new regulations."
Unveiled in May, Bloomberg's plan bans the sale of any cup or bottle of a sweetened drink larger than 16 ounces in restaurants, movie theaters and other venues. The ban does not apply to supermarkets.
Some New York City businesses, including MacDonald's, have already instituted the ban, only offering sodas, including diet, in the 16-ounce size.
Bloomberg's ban has been praised by Health commissioner Dr. Thomas Farley and a host of other elected officials and advocates who say a proposed ban on the sale of large quantities of sugary drinks is crucial to combating a nationwide obesity epidemic.
But the opposition has been even stronger, with a coalition, "New Yorkers For Beverage Choices," featuring a series of ads against the ban.
In July, Councilwoman Letitia James, spoke out against the ban as bad for business and limiting the choice of poorer city residents.
"I've thought long and hard about the ban," James said. "But after talking with business owners and residents ... I believe the ban would be arbitrarily and unfairly applied," she said.
The Health Department could not immediately be reached for comment.