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A judge struck down Mayor Bloomberg's sugary drink ban yesterday, calling the limits “arbitrary and capricious” with confusing loopholes and voluminous exemptions. The limits of city authority means some businesses, such as 7-Eleven, would still be able to sell the drinks banned in other stores if it passed. The administration will appeal, and likened the decision to a string of other lower court rulings against the city's initiatives that didn't stand up against appeal. The ruling was a surprise, as the judge had been expected to rule only on a request for a temporary restraining order. The mayoral candidates differed on the ban. For more, read our story on the ruling.

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Shortly after voting almost unanimously to limit the size of sugary drinks to no more than 16 ounces, the Board of Health got a big developer to throw his weight behind the regulation months before it goes into affect.

Bruce Ratner of Forest City Ratner, the developer of the Barclays Center in downtown Brooklyn, said the stadium would follow the rule when it opens in two weeks.

"It is time really for us to do this kind of initiative," he said during a news conference with Mayor Michael Bloomberg and top health officials at City Hall this afternoon. "We need to change how we look at obesity."

He said Coca-Cola, the soda beverage partner for the stadium, had agreed to the size limit.

Mayor Michael Bloomberg lauded the decision by the Board of Health. The panel voted eight-to-zero, with one abstention, for the new regulation.

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