The New York City ban on large-size soda drinks that was set to begin Tuesday was blocked by a judge in Monday, Bloomberg.com reports.

New York Supreme Court Justice Milton Tingling in Manhattan approved an industry group that consist of the likes of American Beverage Association and others objection to the soda-ban, issuing a permanent injunction preventing the city from implementing the plan, Bloomberg reported.

The city's Board of Health in September approved Mayor Michael Bloomberg's plan to limit the size of sugary soft drinks sold in restaurants, movie theaters, stadiums and arenas to no more than 16 ounces (473 milliliters) a cup.

The soda ban set for Tuesday was set to not have any bearing on convenient stores because those stores sell bottles and are not regulated by New York City, but rather the state of New York.

Groups representing beverage makers, restaurants and theaters filed a petition in New York State Supreme Court in October, the state's trial level court, seeking to block enforcement of the measure, calling the ban "unprecedented interference" with consumer choice, Bloomberg reported.

The groups said the decision by the Board of Health to approve the ban was unfair for New Yorkers to make their own choices. The plan is "grossly unfair" to small businesses such as hot-dog vendors and pizzerias because convenience and grocery stores can still sell the larger sizes, lawyers for the groups told Tingling during a hearing in January.

The city argued during the hearing that it's trying to stem an epidemic of obesity driven by consumption of sugary beverages, which is rising because food establishments sell ever-larger portions, Bloomberg reported.

Even with the original planned ban, people were able to buy as many of the smaller drinks as they wanted.