A judge has struck down New York City's size limit on sodas and other sugary drinks a day before it was set to take effect, ruling that Mayor Bloomberg's administration went too far in assuming what the Board of Health could do.
State Supreme Court Justice Milton Tingling ruled Monday that the law challenged by the American Beverage Association was invalid, saying the city took to "new heights" its interpretation of the Board of Health's limits.
The rule, the judge said, "would create an administrative Leviathan and violate the separation of powers doctrine... Such an evisceration has the potential to be more troubling that sugar-sweetened beverages."
