Mayor Dumberg’s ban on some sugary drink has done down the drain, from Laura Petrecca, USA TODAY

Mayor Michael Bloomberg wants to limit New Yorkers’ sugar consumption and calls it “portion control” not a ban.

A New York State judge says loopholes defeated the purpose A New York State judge has halted the controversial New York City ban on large sugary drinks.

The ban was set to take effect Tuesday


But on Monday, a judge said no to the rule.

Manhattan state Supreme Court Justice Milton Tingling wrote that loopholes “effectively defeat the stated purpose.”

One small victory for common sense in the Empire State.