Big Gulp 1, Nanny Bloomberg 0

New York State Supreme Court Justice Milton Tingling ruled Monday that Mayor Michael Bloombergs new soda regulationwas "arbitrary and capricious" and declared it invalid.

The ban, which would have taken effect at midnight, would have prohibited restaurants from selling soda and other sweet drinks larger than 16 ounces. City officials have said they would even impose $200 fines on offending businesses. Opponents have called Bloombergs ban foolish and said it is another effort to create a nanny-state.

"The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban," the American Beverage Association said in a statement.

Bloombergs office said they will appeal the ruling.

An effort to ban sugary foods and drinks from being purchased with food stamps failed in the Florida Legislature in 2012.