The judge halted the ban based on inequalities noted on the establishments that would have to implement the new rule. He noted that the ban would mostly affect street vendors, stadiums, movie theatres and restaurants while state-regulated convenience stores would not be affected. Judge Tingling also mentioned that the rule raised confusion over whether non-soda drinks such as frappuchinos were to be included in the large-cup ban or not.
Judge Tingling’s ruling in part states that the loopholes which existed in the rule would defeat its intended purpose. He mentioned that the rule was ‘arbitrary and capricious’ since it only applied to certain food establishments in New York City. He added that the rule also excluded majority of beverages with significantly higher sugar concentrations or calories. Among the loopholes noted was that re-fills were also not addressed. The Mayor’s Office in NYC announced that they would appeal following Judge Tingling’s ruling.