New Yorkers have more time to savor the sugar.A state judge has put a stop to New York City’s planned ban on super-sized sugary drinks, slated to start Tuesday.Judge Milton Tingling called the soda ban “arbitrary and capricious” in a 36 page order. Passed in September, the law “would not only violate the separation of powers doctrine, it would eviscerate it. Such an evisceration has the potential to be more troubling than sugar sweetened beverages,” he said.Mayor Michael Bloomberg’s office vowed on Twitter to defend the law. “We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld,” the tweet from City Hall said.The ban would outlaw soda, fruit smoothie, energy drinks and other sweet beverages served in containers 16 ounces or larger. Many businesses have been scrambling to stock smaller cups and explain changes to clientele. Others haven’t implemented any menu or inventory changes, citing the city’s three-month grace period and the pending lawsuit.The ban would not apply to alcoholic beverages, among other exemptions, but it does include energy drinks and fruit smoothies in addition to soda.
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