New York Supreme Court Judge Milton Tingling came right to the point when he called the ban "fraught with arbitrary and capricious consequences."
Tingling handed down the ruling saying the ban would lead to troubles like what he called "uneven enforcement" that could cause the ruling to be upheld differently along the same block making it nearly impossible to adjudicate citywide.
The ban was set to become law on Tuesday in the Big Apple and would have prohibited the sale of high sugar drinks bigger over 16 ounces.
Convenience stores and supermarkets would have been exempt because they fall under state law.
The new rules were put forward by Mayor Michael Bloomberg's office and then approved by the city’s Board of Health in 2012.
Tingling also concluded that there were too many ways around the legislation again making it hard to police.
The judge also said he believed the board may have gone beyond its scope of powers when they approved the mayor’s proposal.
Bloomberg’s office promised to fight the ruling