New York City soda ban struck down by judge in eleventh-hour ruling

Court dismisses plan to outlaw large sugary drinks as 'arbitrary and capricious' just hours before it was set to take effect

A state judge has halted New York City's ban on large sugary drinks just hours before it was due to go into effect, calling it "arbitrary and capricious".

The ruling is a blow to the mayor of New York, Mike Bloomberg, who has personally promoted the ban and who earlier in the day said it would help those in poverty who "don't have the ability to take care of themselves as well".

In his ruling, New York supreme court judge Milton Tingling said the regulations, which would have banned the sale of sugary drinks larger than 16oz, were "fraught with arbitrary and capricious consequences".

Tingling said in a 37-page ruling that the city is "enjoined and permanently restrained from implementing or enforcing the new regulations".

The Bloomberg administration is likely to appeal the ruling.

The law banned the sale of containers larger than 16oz of sugary drinks and soda at restaurants, bowling alleys and cinemas. But convenience stores and grocery stores, which are beyond the authority of the city's health department, would still be allowed to sell large containers.

Tingling said this would have led to a patchwork of enforcement. "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 and on suspect grounds, and the loopholes inherent in the rule, including but not limited to no limitations of refills, defeats and/or serve to gut the purpose of the rule."

He went on: "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 stated purpose of the rule."

Michael Cardozo, counsel for New York City's law department, issued a statement saying the mayor's office would appeal, "and we are confident the Board of Health's decision will ultimately be upheld".

"This measure is part of the city's multi-pronged effort to combat the growing obesity epidemic, which takes the lives of more than 5,000 New Yorkers every year, and we believe the board of health has the legal authority - and responsibility - to tackle its leading causes."

The American Beverage Association, one of seven petitioners against the sugary drinks ban, said the ruling "provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban".

"With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City."

Bloomberg was due to make a statement at 5.30pm on Monday.