An en banc ruling by the Ninth Circuit Court of Appeals ruled in favor of beverage companies seeking to get an injunction on the ordinance passed in 2015 by the City and County of San Francisco (CCSF), requiring 20 percent of a soda label to show a black-box warning that reads: “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.”

Back in 2015, the Board of Supervisors unanimously passed an ordinance requiring all soda in San Francisco to carry this black-box warning. According to Supervisor Scott Weiner, “Requiring health warnings on soda ads also makes clear that these drinks aren’t harmless – indeed, quite the opposite – and that the puppies, unicorns, and rainbows depicted in soda ads aren’t reality.” Weiner added, “These drinks are making people sick, and we need to make that clear to the public.” But beverage companies allege that forcing companies to place this sort of warning on their products violates their first amendment right to commercial free speech.

Ordinance Viewed as a Litmus Test for Various Similar Ordinances

This case has high visibility for various other jurisdictions interested in carrying a similar warning, not only on soda, but also on e-cigarettes and other such popular consumer goods viewed as harmful to public health. But jurisdictions, and consumer product companies, really haven’t been told where the balance is between protecting the public’s health and the right to first amendment speech, which are both monumental rights.

Related Resources:

  • Soda Tax Is Legal in Pennsylvania (FindLaw Decided)
  • Share a Coke, Share a Fine: Offering Kids Soda Now a Crime (FindLaw Legal Grounds)
  • Baltimore Bans Sodas, Sugary Drinks on Kids’ Menus (FindLaw Free Enterprise)

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