CNBCis reporting breaking news that New York City’s controversial soda ban that was championed by Mayor Michael Bloomberg and set to go in effect tomorrow has been ruled illegal. Justice Milton Tingling called the ban “arbitrary and capricious.”

Even here at MNN the soda ban caused (friendly) differences of opinion. Our lifestyle blogger Starre thought the soda ban was a good idea and that it would help curb obesity. Our family blogger Jenn thought the soda ban was well-intentioned but over-reaching.

The ban, which was called a soda ban or surgary drink ban by most in the media wasn’t actually a ban on the beverages. It was ban on large sizes, more than 16-ounce servings of sugary drinks.

The New York Times reported yesterday that many restaurants, movie theaters, stadiums and cafes were not going to put the smaller-size limit into practice just yet. They were going to wait out a three-month grace period that was to allow places to make adjustments and hope that in those three months, the legal challenges to the ban would prevail. Starbucks said it wasn’t going to make the changes at all, with officials saying they didn’t think their drinks fell under the guidelines.

It looks like no one will have to make the the time being, and drinkers in New York City can down as much of the sugary beverage of their choice as they wish. Mayor Bloomberg has announced that he plans to appeal the court's decision and he believes the lower court decisions will be overuled.

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Do you agree with the judge that the ban was arbitrary, capricious and illegal or do you wish the ban had been upheld?

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