Tingling called the rule "capricious," since it includes, for example, delis and bodegas but not grocery stores and 7-Elevens. Coffee shops—where people are largely left to sweeten on their own—are left out altogether.

"[The Portion Cap Rule] applies to some but not all food establishments in the City," Tingling wrote. "It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds." The judge also cited loopholes "including but not limited to limitations on re-fills."

Historically speaking, though, sugar isn't the only beverage ingredient of questionable health value.

In this 1937 photo by Rudolf Balogh, a woman in Budapest, Hungary, sips at the Juventis Fountain at Rudas Baths.

"The water is said to contain Radium," read the photographer's