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.
In fact, the Board of Health has the power, indeed the responsibility, to regulate sugary drinks for the sake of city residents, particularly the poor.