Court Blocks San Francisco’s Health Warnings on Soda

U.S. Appeals Court for the 9th Circuit blocked an ordinance that would require large health warnings on sugary beverage advertisements.

September 21, 2017

SAN FRANCISCO – On Tuesday, the U.S. Appeals Court for the 9th Circuit blocked a 2015 ordinance in San Francisco that requires advertisers of sugary drinks to post health warnings.

The plaintiffs, the American Beverage Association, the California Retailers Association, and the California State Outdoor Advertising Association, alleged that the ordinance violated their First Amendment right to freedom of speech.

The ruling states that San Francisco enacted an ordinance in June 2015, requiring advertisers who post advertisements for sugar-sweetened beverages within the city to include the following statement: “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.” Sugar-sweetened beverage is defined as soda and other non-alcoholic beverages that contain one or more added sweeteners and more than 25 calories per 12 fluid ounces of beverage.

“By focusing on a single product, the warning conveys the message that sugar-sweetened beverages are less healthy than other sources of added sugars and calories and are more likely to contribute to obesity, diabetes, and tooth decay than other foods," the ruling stated. "This message is deceptive in light of the current state of research on this issue."

The American Beverage Association issued a statement on behalf of the beverage, saying that the "decision affirms our position that the San Francisco warning mandate not only violates the constitutional right to free speech but it is also deceptive and misleading to consumers. America's beverage companies believe there are better ways to help people reduce their sugar consumption. That's why we're taking steps to reduce sugar in our beverages, offer more choices with less sugar and put calorie information up front so people can make informed decisions about their drinks."

Be sure to read the upcoming October NACS Magazine cover story, “A Costly Pour,” for more on how city and local legislatures are imposing regressive taxes on beverages.

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