Court Blocks ‘Administrative Leviathan’ Soda Cup Rule, Mayor Vows to Appeal

(Photo: Getty)
(Photo: Getty)

Earlier today, the state Supreme Court blocked New York City’s controversial attempt to ban large cups for sugary drinks in restaurants and other food establishments. The ruling, which you can view below, blasted the ban as “arbitrary and capricious,” ultimately creating “an administrative Leviathan.” The rules were scheduled to go into effect tomorrow.

“It is arbitrary and capricious because it applies to some but not all food establishments in the City, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds and the loopholes inherent in the Rule, including but not limited to no limitations on re-fills, defeat and/or serve to gut the purpose of the Rule,” Judge Milton Tingling ruled.

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