



That discrepancy helped make the ban "fraught with arbitrary and capricious consequences" that would be difficult to enforce with consistency "even within a particular city block, much less the city as a whole," the judge wrote. "The loopholes…effectively defeat the stated purpose of the rule," he wrote. (Read the full text of the ruling)

Vote and Comment

Justice Tingling's ruling wasn't based on whether banning large sodas would be good or bad for public health. He ruled that Mr. Bloomberg erred in bypassing the City Council to pass the prohibition through the Board of Health, which is appointed by him.

Mr. Bloomberg, speaking at a news conference Monday evening, said he believed an appellate court would reinstate the ban. "People are dying every day," he said. "This is not a joke. This is about real lives."

The prohibition was the latest sweeping health initiative proposed by Mr. Bloomberg, who over 11 years as mayor has banned smoking in many public places, outlawed the sale of food with trans fats and required many fast-food joints to post calories.

This time, diverse groups—from the American Beverage Association to the New York Korean-American Grocers Association—banded together to oppose the ban. They filed a lawsuit in October. The plaintiffs don't plan to seek reimbursement for losses incurred in complying with the ban, a spokesman for the plaintiffs said.

Chris Gindlesperger, a spokesman for the American Beverage Association, said the ruling "provides a sigh of relief to New Yorkers and thousands of small businesses." Big soda companies have feared New York's portion caps could spur similar rules in other parts of the country at a challenging time for the industry, which has seen U.S. soda volumes drop.

Write to Michael Howard Saul at michael.saul@wsj.com