Last month, the en banc 9th U.S. Circuit Court of Appeals issued its decision in American Beverage Association v. City & County of San Francisco, 2019 DJDAR 777. The case began over three years ago, when San Francisco enacted its “Sugar-Sweetened Beverage Warning Ordinance.” The S.F. Health Code was amended to require warnings on certain advertisements for sugary drinks. For example, billboards that marketed non-alcoholic beverages containing added sweeteners (and over 25 calories per 12 fluid ounces) were required to include the following message: “WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.” Enclosed in a rectangular border, the warning also had to cover at least 20 percent of the advertising space. San Francisco’s goal was to “inform the public of the presence of added sugars” in certain drinks, “promote informed consumer choice that may result in reduced caloric intake,” and thus “reduc[e] illnesses to which [sugary drinks] contribute.”
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Judges Split on First Amendment Scrutiny in Sugar Drink Case
February 13, 2019
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