(CNN) -- A state trial judge on Monday blocked New York City's plan for a maximum 16 ounce size for a high-sugar beverage. The ban would have included sodas, energy drinks, fruit drinks and sweetened teas. But it would have excluded alcoholic beverages and drinks that are more than 50% milk, such as lattes. The ban would have applied to restaurants, movie theaters, stadiums and mobile food carts. But it would not have applied to supermarkets and convenience stores, such as 7-Eleven. Mayor Michael Bloomberg's proposal was met with fierce opposition by the industry and public outrage at the loss of "liberty," the so-called "nanny state" run amok. Beyond all the hype, the industry's vociferous arguments, now adopted by a trial court, are badly flawed.
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A New York state judge blocks the city's plan to limit the size of sugary drinks
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Lawrence Gostin: A portion limit is not an attack on freedom; people can still buy soda
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He says like Big Tobacco, industry has spent millions to fight this effort to combat obesity
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Gostin: The Board of Health has the power to regulate sugary drinks; portion control can work
At the same time, it could make meaningful changes in the drinking habits of @placeholder.