Appellate attorneys for the beverage industry were successful in their appeal of a San Francisco law requiring warnings on advertising for sugary drinks. According to NPR, the Ninth Circuit Court of Appeals ruled that a "San Francisco law requiring the beverage industry to post health warnings on advertisements for soda and other sugar-sweetened drinks' was unconstitutional. The court reasoned that the law violated the First Amendment by infringing on protected commercial speech.

The appeal stems from the challenge of a law passed in the city and county of San Francisco that required all advertising for sugary drinks to contain a warning taking up twenty percent of the ad space. The warning label was required to read "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 city argued that the warning was to protect the health of its residents with the goal of reducing obesity. The law was opposed by the beverage industry, retail groups and advertisers who argued it infringed on their right to free speech.

Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

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