(NEW YORK) -- A state Supreme Court judge dismissed New York City Mayor Michael Bloomberg's large sugary drink ban Monday, calling the ban "arbitrary and capricious."
Judge Martin Tingling ruled the soda ban "would not only violate the separation of powers doctrine, it would eviscerate it. Such an evisceration has the potential to be more troubling than sugar sweetened beverages."
The ban on sodas larger than 16 ounces was scheduled to go into effect on Tuesday.
The decision is a major defeat for Mayor Bloomberg, who championed the ban.
On Twitter, the mayor's office responded: "We plan to appeal the sugary drinks decision as soon as possible & are confident the measure will ultimately be upheld."
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