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In the 11th hour judge invalidates large sugary soda ban

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NEW YORK (CNN) –A state judge in New York on Monday invalidated the city’s ban on sugary drinks in containers larger than 16 ounces in certain venues, a major setback for Mayor Michael Bloomberg, who has backed several laws aimed at New Yorkers’ health.

New York City plans to appeal the decision invalidating the large sugary drinks ban, Mayor Michael Bloomberg’s office said in a Twitter message Monday.

“I would like to see (businesses that serve large sugary drinks) to do exactly what the Board of Health asked them to do,” New York Mayor Michael Bloomberg said Monday after a New York court struck down the city’s proposed limit on such beverages at certain venues. “It’s voluntary, until we win.” The ban was passed in September by the New York City Board of Health, following weeks of intense debate.

Today was supposed to be the last day New Yorkers can buy super-sized sugary drinks at most businesses.

The city’s ban on sugary sodas over 16 ounces was planned to go into effect Tuesday and some business owners are not too sweet on the idea.

“I definitely believe it’s going to hurt my business,” Mary Circa, owner of Pronto Pizza Shop says.

Over the weekend Circa prepared to toss nearly $1,000 worth of 20- ounce and two-liter bottles of soda.

In addition, she’ll have to reprint menus in response to this ban.

“I have a Sicilian get a two-liter soda. I have a combo special with a two-liter soda,” she added.

The Mayor however doesn’t look at these as deals but rather a path to obesity.

Businesses that require a Health Department permit are the ones who have to clean house or risk a $200 fine.

Movie theaters, fast food chains and even office cafeterias are making changes.

At one bowling alley, juice is the new Coke.

“We have carrot, orange, mint and vanilla,” a bowling alley worker says.

The ban has been controversial from the start.

“It’s inappropriate. People have a choice to pick which size of soda they want to purchase,” Laura Bielecki, says.

A supporter of the ban says she is okay with the ban because it is a healthy choice.

Those who are not okay with the ban will still have options because convenience stores and supermarkets are not impacted by the van.

The new riles are however spilling over into coffee shops where places like Dunkin’ Donuts will ask customers to sweeten their own large and extra-large drinks.