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Judge Halts NY City Soda Ban, Calls It Illegal, Arbitrary And Capricious

Judge Halts Bloomberg's Sugar Drink Ban, Calls It Illegal, Arbitrary And Capricious 3-11-13

Just hitting the tape ahead of tomorrow's scheduled hit of Bloomberg's ban on "large sugary drinks:"

  • Judge invalidates New York City's ban on large sugary drinks; ban had been scheduled to take effect tomorrow.
  • Judge says sugar drink limit "illegal"
  • Judge finds ban to be arbitrary and capricious.

Zero Hedge: Judge Halts New York City Soda Ban
March 11, 2013


A state judge on Monday stopped Mayor Michael Bloomberg's administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided one day before the sales limits would have taken effect. The city's chief counsel, Michael Cardozo, pledged to "appeal the ruling as soon as possible."

In halting the rules, Judge Tingling noted that the incoming sugary drink regime was "fraught with arbitrary and capricious consequences" that would be difficult to enforce with consistency "even within a particular city block, much less the city as a whole."

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Garan's picture

While he's at it..

..he should outlaw making others pay the health bill for acid drinking sugar addicts.

Be responsible. Live and die by your own decisions.

Too much nanny state!

If sugar is the villain, will aspartame now be the hero substitute?

Sugar or aspartame will kill you in the end, folks. Avoid both. Choose for yourself. The free market is all about the people making choices. Put sugar and aspartame drinks out of business by not buying them ;)

Debbie's picture


Glad to hear it! Kudos to this judge!!


Anyone Remember the Movie "Demolition Man" With Stallone?

Cheesy 90's movie; Benjamin Pratt, Sylvester Stallone, Sandra Bullock, Wesley Snipes...

Stallone is a badass cop from the 90's cryogenically frozen, and thawed out in the future.

In the future, we had become so liberal, that soda, fast-food, profanity, and human fornication were all banned. That was the plot of the movie; sort of similar to "Idiocracy," by Mike Judge.

This reminds me of that movie. You should rent this old flick if you haven't seen it, you will get a kick out of it.

TwelveOhOne's picture

And I STILL haven't figured out...

What the three shells are for!

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

I really don't

drink much pop but occasionally I want some and I liked the "throw-back" sodas with sugar instead of the frankin-sugar, but now I can't seem to find it anywhere. Did they stop making it? Nice to see a judge stop an authoritarian nanny-state law.

The bold effort the present bank had made to control the government ... are but premonitions of the fate that await the American people should they be deluded into a perpetuation of this institution or the establishment of another like it-Andrew Jackson

Mexican Coke available at:

Home Depot
Sam's Club
Mexican tiendas.

Also, Mexican Jarritos is great. Comes in many flavors. Also, Italian Pellegrino now has several flavors of pop made with sugar and juice and its available in many grocery stores.

Hurray for the Judge!

deacon's picture

you really had me there

i read your headline,my first thought was
i wonder if it gives you headaches like their weed does
but it was about soda
I'm taking my toys and going home now!!! :)

If we deny truth before your very eyes,then the rest of what we have to say,is of little consequence

No that's Columbian Coke.

You get it at:
7-11 - underneath Squirt cases in bathroom
Behind Walmart dumpsters
Pet Depot - hamster isle, tucked inside absorption straw
Piggly Wigglies - inside toliet tissue cardboard roles

TwelveOhOne's picture

Like the other responder, Mexican Coke

I find Mexican Coke available at Costco, locally. Although it's better to avoid carbonated sodas altogether; they rot your bones.

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

You have to look hard for it,

You have to look hard for it, but you can still find sodas made with real sugar. Virgil's root beer is, and it's also the best tasting root beer I know. Here in New Hampshire where I now live there is a local soda brand called Meetinghouse that has cider soda, blueberry soda, peach soda, and even rhubarb soda, all made with real sugar and all natural ingredients. You'll pay through the nose for the good stuff, it's much more expensive than Coke or Pepsi, but that's because real ingredients cost money. Anyway I see the high price as a blessing in disguise, you're not likely to drink ridiculous amounts of the stuff because you won't be able to afford to.

Occasionally you can find a place that sells "Mexican Coke" which is just Coca Cola made the way it used to be -- with sugar instead of high fructose corn syrup. But the places that sell it are few and far between. (Mexico doesn't put tariffs on sugar while subsidizing corn, so it isn't as cost effective to use high fructose corn syrup there.)

Finally if you want to avoid the calories, look for the stevia sweetened sodas. Avoid aspartame, unless you really think that a daily dose of methanol is a good idea.

While you'd be a damn fool to

While you'd be a damn fool to make a regular habit of drinking giant sodas, in a free society you should be allowed to be a damn fool if you want to be. But the rest of us shouldn't be forced to pay for your health care, either. That is the problem with socialism -- first a government makes itself popular by promising people free stuff, like free health care and free education. Then it starts telling you what you can eat and how much you must exercise in order to reduce the cost of providing you with all that health care, and your colleges turn into political indoctrination centers.



When we try to pick out anything by itself, we find it hitched to everything else in the Universe.
~ John Muir


Why not ban aspartame and high fructose corn syrup?

Seriously, are there caricatures of Bloomberg as....

Bloomberg should be caricatured as Castro, Hitler, Stalin, or other dictator.

To me, people should be in an absolute uproar about this.

NWO Bloom(der)berg has "no taste" at all for a good pop...

Though I stopped drinking pop (diet or regular), a Big Gulp toast for Liberty and for the sensible Judge!!

The phrase "Deal With It."

The phrase "Deal With It." comes to mind.

Nanny state setbacks are always good to see.

Cogito ergo Cogito

It seems the citizens of New

It seems the citizens of New York just got...


( •_•)>⌐■-■


Sweet justice.

Big Gulp

Hopefully, the ruling will cause Bloomberg to take a Big Gulp and reconsider his intrusive Big Government policies.
Wishful thinking, but it's nice to dream.

Next it will be...

Next it will be all the anti gun laws that will be declared Illegal, Arbitrary and Capricious. Why do these idiots think that they can get away with these laws that go against the will of the people? Next election they won't have a job.


TwelveOhOne's picture

"Will of the people?"

That's not the measuring stick for legislation; whether it's Constitutional is. If the will of the people was the measuring stick then we'd have far more "Robin Hood"-style laws.

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

Maybe I should have said...

Maybe I should have said something to the effect of the will of the people for the government to follow the Constitution. Better?


TwelveOhOne's picture


Sometimes we quibble over minor issues but the general thrust is forward and positive; sorry if my reaction was overly so.

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

While I agree with the

While I agree with the ruling, what are the odds that this judge is getting paid off by the soda lobby?

Plan for eliminating the national debt in 10-20 years:

Overview: http://rolexian.wordpress.com/2010/09/12/my-plan-for-reducin...

Specific cuts; defense spending: http://rolexian.wordpress.com/2011/01/03/more-detailed-look-a

Illegal, Arbitrary And Capricious

Is the state judge's name Jackie Chiles - the lawyer from Seinfeld?

Sounds like him. :-)

The law cannot make a wicked person virtuous…God’s grace alone can accomplish such a thing.
Ron Paul - The Revolution

Setting a good example is a far better way to spread ideals than through force of arms. Ron Paul



Patriot Cell #345,168
I don't respond to emails or pm's.
Those who make peaceful revolution impossible will make violent revolution, inevitable.

I find it capricious and arbitrary...

that a judge can allow people the right or the FREEDOM to drink whatever amount of soda pop they want...but SCOTUS tells us that we have to buy the governments shitty health care plans at ridiculously priced levels.

We'll let you drink pop- but you must send in your 300 a month for our crappy health plan with the 5k deductible.

Wow. Such freedom.

TwelveOhOne's picture

Even better:

"You can drink all the soda you want, in fact, we encourage that -- and we'll sell you pills to recover from drinking all that soda. So go ahead!"

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
http://jsjinc.net - Jin Shin Jyutsu (energy healing)

I'd celebrate with a nice big belch

But then I'd be pumping carbonated global warming into the atmosphere.

SteveMT's picture

New motto/bumper-sticker: Burp for Liberty.