Appeals court blocks San Francisco law that requires warnings on soda ads
According to CBS, a U.S. federal appeals court has ordered a preliminary injunction blocking a San Francisco law that required advertisements for sodas and other sugary drinks to carry a health warning label.
According to CBS, a U.S. federal appeals court has ordered a preliminary injunction blocking a San Francisco law that required advertisements for sodas and other sugary drinks to carry a health warning label. The city law required the warning message to occupy 20% of the space on a label or advertisement. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said the law burdened the free-speech rights of soda advertisers.
The measure was challenged by the American Beverage Association (ABA), the California Retailers Association, and the California State Outdoor Advertising Association. The appeals court agreed with the ABA’s argument that a warning of that size would overwhelm any messages the companies wanted to present. Two of the three judges on the panel also said the city’s warning was misleading because it didn’t explain that soda is not the only source of sugar in Americans’ diet and that research indicates that over-consumption of sugar, rather than moderate consumption, is harmful.
The city law, enacted in 2015, would have required ads and labels to state: “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.”