Judge Blocks NYC's Ban on Large Sodas

The Slatest
Your News Companion by Ben Mathis-Lilley
March 11 2013 3:29 PM

Judge Blocks Mayor Bloomberg's Ban on Large Sodas

A 32-ounce soda is filled at a Manhattan McDonalds on September 13, 2012 in New York City

Photo Illustration by Mario Tama/Getty Images

A state judge invalidated Mayor Michael Bloomberg's controversial ban on the sale of large sugary sodas and similar drinks in New York City restaurants this afternoon, less than 24 hours before it was set to go into effect. The Wall Street Journal with the details from today's ruling:

Josh Voorhees Josh Voorhees

Josh Voorhees is a Slate senior writer. He lives in Iowa City. 

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday.
The regulations are "fraught with arbitrary and capricious consequences," the judge wrote. "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….the loopholes in this rule effectively defeat the state purpose of the rule."

The New York City Board of Health signed off on what was to be the first-of-its-kind ban this past September. The new measure would have made it illegal for restaurants, movie theaters, and street vendors to sell sweetened drinks in containers larger than 16 ounces. The ban was to affect sweetened beverages like nondiet sodas and energy drinks, but didn't apply to fruit juices, milk-based drinks, or alcoholic beverages. While calorie-free diet sodas weren't impacted directly by the proposal, fast-food chains and other establishments with self-service fountains would have been banned from offering cups that exceeded the 16-ounce limit, effectively limiting access to the super-sized drinks that have become ubiquitous in most chains.

The proposal did, however, contain several large loopholes that would have allowed New Yorkers to easily get their sugary fixes from 7-Elevens and similar convenience stores, which were exempt along with vending machines and some newsstands.

The mayor's office is expected to appeal today's ruling.

This post was updated at 3:52 p.m. with additional information.



Smash and Grab

Will competitive Senate contests in Kansas and South Dakota lead to more late-breaking races in future elections?

Stop Panicking. America Is Now in Very Good Shape to Respond to the Ebola Crisis.

The 2014 Kansas City Royals Show the Value of Building a Mediocre Baseball Team

The GOP Won’t Win Any Black Votes With Its New “Willie Horton” Ad

Sleater-Kinney Was Once America’s Best Rock Band

Can it be again?


Forget Oculus Rift

This $25 cardboard box turns your phone into an incredibly fun virtual reality experience.

One of Putin’s Favorite Oligarchs Wants to Start an Orthodox Christian Fox News

These Companies in Japan Are More Than 1,000 Years Old

Trending News Channel
Oct. 20 2014 6:17 PM Watch Flashes of Lightning Created in a Lab  
  News & Politics
The World
Oct. 20 2014 1:50 PM Why We Shouldn’t Be Too Sure About the Supposed Deal to Return the Abducted Nigerian Schoolgirls
Oct. 20 2014 7:23 PM Chipotle’s Magical Burrito Empire Keeps Growing, Might Be Slowing
Dear Prudence
Oct. 20 2014 3:12 PM Terror Next Door Prudie advises a letter writer whose husband is dangerously, violently obsessed with the neighbors.
  Double X
The XX Factor
Oct. 20 2014 1:10 PM Women Are Still Losing Jobs for Getting Pregnant
  Slate Plus
Tv Club
Oct. 20 2014 7:15 AM The Slate Doctor Who Podcast: Episode 9 A spoiler-filled discussion of "Flatline."
Brow Beat
Oct. 20 2014 9:13 PM The Smart, Talented, and Utterly Hilarious Leslie Jones Is SNL’s Newest Cast Member
Future Tense
Oct. 20 2014 4:59 PM Canadian Town Cancels Outdoor Halloween Because Polar Bears
  Health & Science
Medical Examiner
Oct. 20 2014 11:46 AM Is Anybody Watching My Do-Gooding? The difference between being a hero and being an altruist.
Sports Nut
Oct. 20 2014 5:09 PM Keepaway, on Three. Ready—Break! On his record-breaking touchdown pass, Peyton Manning couldn’t even leave the celebration to chance.