Circuit Judge Daniel Kubasiak on Friday granted a temporary restraining order requested by the Illinois Retail Merchants Association and several grocers. In a lawsuit against the Cook County Department of Revenue they argue the tax is unconstitutional and vague.

County officials have said the new tax is needed to pay for services and will improve the public’s health over time.

Plaintiff’s attorney David Ruskin told Kubasiak during a Thursday hearing that a temporary restraining order was needed because there isn’t a system in place for those who would be due a refund if the tax is found unconstitutional.

Fountain drinks and those in sealed containers would be taxed. Exempt from the tax are sweetened coffee drinks like those made at coffee shops and purchases made with food stamps.