A state Supreme Court judge today barred New York City from imposing a ban on large sugary drinks above 16 oz., just as the new order was about to take effect.

Judge Milton Tingling wrote that the ban was “capricious” and the order “takes the issue to new heights.”

“The loopholes in this rule effectively defeat the state purpose of the rule,” Tingling wrote in the ruling this afternoon.

The ban on large drinks approved by the New York City Board of Health in 2012 would prohibit restaurants, mobile food carts and other merchants, part of an overall effort to cut down on obesity. The move did not include convenience stores and supermarkets that are regulated by the state government. Gov. Andrew Cuomo has said the large drink ban is not something the state is considering.

UPDATE: NYC Corp. Counsel Michael Cordozo issued the following statement:

“We plan to appeal the decision as soon as possible, and we are confident the Board of Health’s decision will ultimately be upheld. This measure is part of the City’s multi-pronged effort to combat the growing obesity epidemic, which takes the lives of more than 5,000 New Yorkers every year, and we believe the Board of Health has the legal authority – and responsibility – to tackle its leading causes.”

UPLoad 16 by Nick Reisman