COOK COUNTY, Ill. – Last week, a judge lifted the temporary restraining order on Cook County’s penny-per-ounce tax on soda, which means merchants will have to start collecting the tax this Wednesday, the Chicago Sun-Times reports. The Illinois Retail Merchants Association filed a lawsuit to halt the tax, which had been slated to go into effect July 1.

“The only question and duty before this court is to determine if the merchants have set forth sufficient substance in the verified complaint to withstand the county’s motion to dismiss,” said Judge Daniel Kubasiak, who had halted the tax until his ruling on the lawsuit. “The court concludes that the merchants have not, and that the county’s motion to dismiss must be granted.”

“We’re disappointed by today’s ruling and we’re going to consider our legal options,” said Robb Karr, president and CEO of the retailer’s association. “I can only imagine the outrage felt by consumers throughout Cook County as they may soon have to pay this tax.”

David Ruskin, the attorney for the retailers, indicated that the association isn’t ruling out an appeal. The lawsuit argued that the tax wasn’t clear enough in how it classified sweetened beverages, thus making the tax too vague for distributors and consumers.