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I'm not surprised. The judge called the rule 'arbitrary', which it certainly is, given that certain businesses can sell this product and others can't. If they want to curb sugar intake, they need to follow the cigarette model, and tax the shit out of it. All the education about the dangers of smoking did nothing to curb usage compared to an $8 pack of smokes (up from what, $2.50 in the 90s?). Sure, sin taxes are regressive, but what's the alternative. People who consume too much sugar are killing the health of the nation.