UPDATE: NYC soda ban on hold

UPDATE: The ban on large sodas and sugary drinks in New York City is on hold. 
Late Monday afternoon a judge ruled the restrictions were “arbitrary.” 

By Allison Kaden for WPIX

NEW YORK – If you like to super-size your soda or get an extra large jolt of sweet morning joe, you will soon be out of luck in New York City.

“We’re not banning anything. It’s called portion control,” Mayor Michael Bloomberg said on CBS’s Face the Nation Sunday.

Beginning Tuesday, restaurants will no longer be allowed to sell sugary drinks in cups larger than 16-ounces.

Read more from our NY sister station, WPIX.

“Being overweight is the first time it’s gone from a rich person’s disease to a poor person’s disease,” Bloomberg said. “We’ve just got to do something. And all we’re doing in New York is reminding you that it’s not in your interest to have too many empty calories.”

Not every New Yorker is on board.

“That should be everybody’s choice, but if you want it you will find a way to get it,” Mc Donald’s customer Sandra Brown said.

There is a legal challenge to the new ban that is pending in State Supreme Court.

There is a three-month grace period before the $200 penalty will be slapped on businesses that don’t comply.

Some coffee chains are finding a way around the big sugary drink ban.

Customers will be asked to add their own sugar to large coffees.

Dunkin’ Donuts even has a flier with instructions and Starbucks said it won’t comply, noting most of its drinks are customized.

Diet soda and non-sugary drinks are exempt from the ban.

One thing that is angering the restaurant and beverage industry, the lack of consistency with the ban.

For example, you will still be able to buy a Big Gulp from 7-Eleven.

That’s because the state regulates the convince store and it is considered a market.