A New York state judge on Monday threw out a ban on large sugary drinks set to go into effect in New York City on Tuesday, calling the new regulation “arbitrary and capricious.”

Championed by Mayor Michael Bloomberg as a way to fight the city's growing obesity epidemic, the new regulation was to limit the sale of sugary beverages including nondiet sodas, fruit drinks, sweetened teas and other high-calorie drinks to just 16 ounces.