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This is a huge win for thousands of
small businesses in New York that would have been affected
if the ban had gone into practice today as scheduled.
According to the National Restaurant Association the judge
(Milton Tingling) found that
“It is arbitrary and capricious because it applies to some,
but not all food establishments in the city,” Tingling wrote
in his decision. “It excludes other beverages that have
significantly higher concentrations of sugar sweeteners
and/or calories on suspect grounds, and the loopholes
inherent in the rule including but not limited to no
limitations on refills defeat and/or serve to gut the
purpose of the rule.”
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