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.
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