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Judge tosses NYC's plan to ban large sugary drinks

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    New regulation called 'arbitrary and capricious'

  • Duration 3:22
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-- fox urgent now I'd you know that ban on soda and since sugary sodas and other drinks of sixteen ounces or more in New York City.

-- a judge has tossed that it's tossed that controversial so the -- that set to take effect tomorrow.

Banning the sale of large sugary drinks in restaurants and a movie theaters it's been a hallmark really of the New York City mayor met Michael Bloomberg's health campaign.

Which is also targeted trans fat and salt -- city -- in fact they just got word from what did with the judge that process bring in the lawyers.

Fox's legal analysts and -- contributor -- -- dollar.

And Mercedes Colwin both -- former prosecutors now criminal defense attorneys and I just got the word from the from the from the judge this is judged Supreme Court State Supreme Court justice Milton tingling.

In Manhattan who is just ruled that the new regulation is arbitrary and capricious.

-- declared it invalid arbitrary and can caprice is Arturo what say you.

Well let's see there should -- kinds of judges in new York and one and what -- is selected and appointed by Mayor Bloomberg.

Taking -- shipments of -- without one that was selected by Mayor Bloomberg obviously this wasn't that can actually was elected by the people love about New York County.

-- basically when he said is.

It's two all mature it's too -- there's no real strict rule.

Look at the smoking -- -- there's no smoking in a restaurant period -- any restaurant no smoking.

Also smoking when I smoke it affects other people.

Not just -- soda it's only affecting me.

Here this they would the rules work.

You tell.

Live at the big drinks in the supermarket it can't I have in a movie theater it's gonna -- -- consumers more.

It's going to make the guys were selling this stuff lose money the judges like.

It just to all over the place mr.

-- what's that well.

Everybody in New York yeah everybody New York has already changed what the -- serving things cheap prices is change -- guidelines.

Mercedes this is all in -- -- to go I know our our company cafeteria down there the Wendy's they're preparing for.

I know exactly right but shame on the judge what plain politics summer people mean the mayor's heart was in the right place it was all about trying to protect all of us.

For making those poor choices so make it a little more expensive if you want 32 ounces -- point four ounces you have to sign a couple of glasses of that -- older men no stupid.

Because I -- actually get a fifty -- Diet Coke and what do you think that -- -- do -- that -- servers boards for it in the white I don't know but you know let's -- -- you're in great -- you make the right choices folks out here who don't -- and so -- dude that's why obesity is an all time high.

All you can do is walk around -- to reveal that you don't have.

I think Geoff I think the mayor but it would have been much more successful would be limited.

Two schools.

And where -- -- would you would aisles are where they don't have the the choices -- the education to make the right choices but he had to say.

Everybody -- -- issues.

-- -- It's not over -- -- -- I don't know borrowed -- doesn't hear from a judge and say no.

Please take it says the appeal because he's got -- money and get the racers -- it's an appellate division and said hey this is the health concern this is no joke.

Lots of people are are affected by this they need to control their diet they need to go on a diet they need to be healthier and that's why.

Bloomberg -- authority and with us.

You can always buy up all the soda companies and -- -- down and I think that patina Mercedes and they -- Arthur thank you thank -- --

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