Mayor Bloomberg may think there should be a 16-oz. size limit for sodas and other sugary drinks, but State Supreme Court Justice Milton Tingling said the restriction was illogical because it applies to only some sugary beverages and some places that sell them but not others.
It doesn't cover alcoholic drinks. It doesn't apply at supermarkets or many convenience stores -- including 7-Eleven, home of the Big Gulp.
Monday's ruling, which came only a few hours before the restriction was to take effect, handed a sweet victory to the beverage industry, restaurants and other business entities who thought the ruling was unfair and an interference in individual’s rights.
Although the judge acknowledged the impact of obesity on the city's residents, he questioned how much sugary drinks can be blamed for it.
Mayor Michael Bloomberg introduced the regulations last May as part of an effort to lower obesity rates by encouraging people to drink less sugar-filled beverages.
The results from this case have caused other states to react as well. In Mississippi, a bill on the governor's desk –nicknamed the “Anti-Bloomberg Bill"-would keep counties and towns from enacting rules governing the size of big sodas and other restrictions on food makers.
This is all well and good…despite the fact that one out of every three Mississippians is obese.