New York City's proposed ban on "supersized" sugary drinks has been struck down by a judge the day before the anti-obesity measure was set to start blocking soda taps. Mayor Michael Bloomberg quickly vowed to appeal against the ruling. His initiative had won praise from public health experts but attracted fierce criticism from the US beverage industry. The plan, set to take effect on Tuesday, would have stopped food service establishments - including restaurants, cinemas and stadiums - from selling sugary drinks in portions bigger than 16 ounces (475ml). The New York state judge said that the city was "permanently restrained from implementing or enforcing" the regulation because its board of health had overstepped its authority by proposing it. The American Beverage Association, which led industry opposition to the ban on behalf of Coca-Cola, PepsiCo and others, welcomed the judge's ruling. The American Beverage Association said: "The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban." The association was among the petitioners who challenged the ban in court, arguing that the city board of health did not have the authority to introduce it and that the link between sugary drinks and obesity was less clear than it made out. The judge said that if the interpretation of the board of health's authority that underlies the ban was accepted it "would create an administrative Leviathan." He also wrote that the rule was "arbitrary and capricious because it applies to some but not all food establishments in the city [and] excludes other beverages that have significantly higher concentrations of sugar sweeteners and/calories on suspect grounds." At a press conference, Mr Bloomberg said: "We believe that the judge's decision was clearly in error and that we will prevail on appeal." Mr Bloomberg's success at driving public health initiatives - including bans on indoor smoking and enforcing calorie labelling at restaurants - has prompted accusations of nanny statism. Yet his administration's policies have been applauded by public health officials and emulated elsewhere - as he alluded to on Monday - a fact not lost on the drinks industry. "Being the first to do something is never easy," he said. Every time you adopt a groundbreaking policy special interests will sue. That's America. The Bloomberg administration has said that large portion sizes are contributing to a widening obesity epidemic, which is producing more cases of heart disease and diabetes. People are dying every day. This is not a joke," Mr Bloomberg said.