U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number

Oral Argument Date

September 25, 2018


Case Updates

En banc Ninth Circuit unanimously holds that San Francisco’s required health warnings for sugary drinks violate beverage makers’ constitutional free speech rights

January 31, 2019

Click here to view the en banc opinion.

On First Amendment grounds, Ninth Circuit blocks San Francisco’s attempt to require warnings on sugar-sweetened beverages

September 19, 2017

Click here to view the opinion.

U.S. Chamber urges Ninth Circuit to invalidate regulation targeting certain beverages that violates the First Amendment

August 04, 2016

The U.S. Chamber filed an amicus brief seeking reversal of a district court’s decision to uphold an ordinance that violates the First Amendment. The regulation, promulgated by the City and County of San Francisco, requires advertisers who post an ad for sugar-sweetened beverages to include a warning that occupies “at least 20% of the area” of the ad, stating: “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.”

The brief argued that, as a content-based speech regulation that forces private actors to discourage the use of their own products, the ordinance is subject to strict scrutiny—and does not survive. In addition, the brief explained that the ordinance also fails under lesser forms of First Amendment scrutiny.

Bert W. Rein, Megan L. Brown, and Jeremy J. Broggi of Wiley Rein LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents