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Appeals Court Blocks San Franciscos Soda Health Warning Law

SAN FRANCISCO -- A federal appeals court on Sept. 19 blocked a San Francisco ordinance that mandates advertisers of sugary drinks to post health warnings on billboards, building and vehicles. The 9th U.S. Circuit Court of Appeals said the warning might violate freedom of speech. The first-of-its-kind ordinance passed in 2015 requires the warning to be posted prominently: "Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay." It was scheduled to take effect...

September 21, 2017

SAN FRANCISCO -- A federal appeals court on Sept. 19 blocked a San Francisco ordinance that mandates advertisers of sugary drinks to post health warnings on billboards, building and vehicles. The 9th U.S. Circuit Court of Appeals said the warning might violate freedom of speech. 

The first-of-its-kind ordinance passed in 2015 requires the warning to be posted prominently: "Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay." 

It was scheduled to take effect in July 2016 but has been put on hold by the courts after The American Beverage Association, California Retailers Association and California State Outdoor Advertising Association filed a lawsuit to block it. 

A district judge refused to block the law but the three-judge 9th U.S. Circuit Court of Appeals panel said an injunction was warranted because free speech includes the right of advertisers to refuse to convey warnings about their products, except when the warnings are clearly factual.

"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," wrote 9th Circuit Judge Sandra S. Ikuta in the ruling. "This message is deceptive in light of the current state of research."

According to the decision, the warning conflicts with statements by the Food and Drug Administration that added sugars are "generally recognized as safe" and "can be a part of a healthy dietary pattern when not consumed in excess amounts."