A New York state judge overturned Mayor Bloomberg's controversial soda ban Monday. Judge Milton Tingling wrote, "The Board of Health may supervise and regulate the food supply of the city when it affects public health," and can do so when the city "is facing imminent danger due to disease," but that was not proven in this case, according to USA Today.

Mayor Bloomberg has vowed to appeal the ruling, saying that "It would be irresponsible not to try to do everything we can to save lives." His goal was to prohibit the sale of sugary drinks in containers larger than 16 ounces in certain venues, a ban that was to begin on Tuesday.

Because the ban would only apply to certain venues, and thus the regulations were full of loopholes, Tingling remarked that "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, the loopholes inherent in the Rule, including but not limited to limitations on re-fills, defeat and/or serve to gut the purpose of the Rule."

 

Read more of Neon Tommy's coverage of Bloomberg's soda ban here.

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