Ninth Circuit Blocks San Francisco’s Attempt to Require Warnings on Sugar-Sweetened Beverages

Tuesday, September 19, 2017 - 1:15pm

On First Amendment grounds, the Ninth Circuit blocked San Francisco’s attempt to require warnings on sugar-sweetened beverages.  The regulation, promulgated by the City and County of San Francisco, required 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 U.S. Chamber filed an amicus brief seeking reversal of a district court’s decision to uphold the ordinance.

The case is American Beverage Assn. v. City and County of San Francisco.