Judge Smacks Down Bloomberg's 'Capricious' Soda Cup Ban

A New York state judge on Monday permanently restrained Mayor Michael Bloomberg from banning the sale of sugary drinks larger than 16 oz. from various restaurants, mobile food carts, and other establishments, ruling the law was “arbitrary and capricious.” 

According to the Wall Street Journal, New York Supreme Court Judge Milton Tingling ruled the city is “enjoined and permanently restrained from implementing or enforcing the new regulations” because they are “fraught with arbitrary and capricious consequences.”

“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,” Tingling wrote. “The loopholes in this rule effectively defeat the state purpose of the rule.”

As the Journal notes, Bloomberg’s rules were to take effect on March 12. After a three-month grace period, the city was set to fine establishments $200 per sale. Though the rules did not apply to some convenient stores, like 7-Elevens and supermarkets, they would have impacted places like local pizza stores that would not have been able to sell two-liter bottles of soda. 

Tingling felt New York did not demonstrate the city faced an imminent health danger due to the consumption of large sodas and also suggested “Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him,” instead of going to the city council.