NEW YORK — New Yorkers were still free to gulp from huge sugary drinks Tuesday, after a judge struck down the city's pioneering ban on supersized sodas just hours before it was supposed to take effect, handing a defeat to health-conscious Mayor Michael Bloomberg. State Supreme Court Justice Milton Tingling's Monday ruling was seen as a victory for the beverage industry, restaurants and other business groups that called the rule unfair and wrong-headed. Tingling said that the 16-ounce (half-liter) limit on sodas and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them. Tingling issued a 36-page ruling that examined the appropriate scope of power for an administrative board for regulations. The judge also said the Bloomberg-appointed Board of Health intruded on the City Council's authority when it imposed the rule. The drinks limit follows other efforts by the Bloomberg has made to improve New Yorkers' eating habits, from compelling chain restaurants to post calorie counts on their menus to barring artificial trans fats in restaurant food to prodding food manufacturers to use less salt. The city has successfully defended some of those initiatives in court. Bloomberg, who has championed the ban as a novel measure for fighting obesity, vowed to appeal the decision. “We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal,” Bloomberg said. He added: “One of the cases we will make is that people are dying every day. This is not a joke. Five thousand people die of obesity every day in America.” For now, though, the ruling it means the ax won't fall Tuesday on extra-large sodas, sweetened teas and other high-sugar beverages in restaurants, movie theaters, corner delis and sports arenas. In defending the rule, city officials point to the city's rising obesity rate — about 24 percent of adults, up from 18 percent in 2002 — and to studies tying sugary drinks to weight gain. Care for obesity-related illnesses costs government health programs about $2.8 billion a year in New York City alone, according to city Health Commissioner Dr. Thomas Farley. The judge acknowledged the impact of obesity on the city's residents, and noted that those bringing suit likewise didn't dispute obesity is a significant health issue, but questioned how much sugary drinks can be blamed for it. — AP
