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A judge has rejected New York City Mayor Michael Bloomberg’s proposed law that would have blocked large sugary drinks, just one day before it was set to go into effect.
Justice Milton Tingling said that the law, which would have banned some, but not all, establishments from selling sugary drinks larger than 16 oz., was “arbitrary and capricious,” according to the New York Post.
Some problems Justice Tingling found with the ban was that “it applies to some but not all food establishments in the city,” as well as that “it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.”
The judge also noted that the fact that people could just receive refills of the sodas “serve[s] to gut the purpose of the rule."
The ban was part of Bloomberg’s attempt to improve public health, as 58 percent of adults in New York City are overweight or obese, reports the BBC. He has previously successfully banned smoking in bars and gotten global food companies to lower sodium in their products.