A judge struck down New York City's groundbreaking limit on the size of sugar-laden drinks Monday shortly before it was set to take effect, agreeing with the beverage industry and other opponents that the rule is arbitrary in applying to only some sweet beverages and some places that sell them. .
"The loopholes in this rule effectively defeat the stated purpose of this rule," Manhattan state Supreme Court Justice Milton Tingling wrote.
Further, the Board of Health went beyond its authority in approving the size limit, he said. The restriction was supposed to start Tuesday.
That, he wrote, "has the potential to be more troubling than sweetened beverages."The portion cap rule, if upheld, would create an administrative Leviathan and violate the separation of powers doctrine," by straying into territory that should belong to the elected City Council, not the board appointed by Mayor Michael Bloomberg, Tingling wrote.