New York City’s mayor is not about to give up on his goal to ban super sized sugary drinks.  Michael Bloomberg says he will appeal a decision by a state judge who put a stop to the ban hours before it was to go into effect, calling it “arbitrary and capricious”.  Bloomberg says, “our board of health has always been a pioneer and we’re very proud of it.  It has always been ahead of the curve and you would expect nothing less from us, this city.”  He went on to say, “banning trans fats and adopting restaurant grading are just two other recent examples of that.  Limiting the size of sugary beverages is consistent with the Board of Health’s tradition and its mission.  And we believe that ultimately the courts will find it consistent with the law.”

The proposed law bans the sale of containers larger than 16 ounces of sugary drinks at restaurants and cinemas.  It would have started today, with $200 fines for offending businesses taking effect in June.  In a 37-page ruling, New York Supreme Court Judge Milton Tingling said New York is “enjoined and permanently restrained” from implementing or enforcing the new regulations.

Americans are drinking less pop than they used to consume, choosing water instead.  Since 1998, the average amount of water Americans drink has increased nearly 40 percent.  The amount of pop has fallen nearly 20 percent in that same time period.