Judge axes NYC giant-soda ban

(ABCNEWS.GO) — 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.

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