By now we all know sugary, sweet drinks are not a good health choice. But, come on, in how many ways do you have to be told they could be bad for you?
In 2015 San Francisco passed an ordinance that required billboards and other advertisements of “sugar-sweetened beverages” to bear a health warning stating that drinking the product could contribute to diabetes, obesity and tooth decay. The American Beverage Association, the California Retailers Association and the California State Outdoor Advertising Association sued the City and County over the ordinance. They claimed that the warnings violated the advertiser’s free speech rights. The District Court held the Associations’ commercial speech would not be hampered by the warnings. The Associations appealed.
The Ninth Circuit Court of Appeals concluded the San Francisco required warnings overstate the dangers posed by drinking sugar sweetened beverages. Writing for the Court, Judge Ikuta stated:
“Because San Francisco’s warning does not state that overconsumption of sugar-sweetened beverages contributes to obesity, diabetes, and tooth decay, or that consumption of sugar-sweetened beverages may contribute to obesity, diabetes, and tooth decay, the accuracy of the warning is in reasonable dispute.”
A sweet appellate victory for the Associations. However, this high caloric fight may not end any time soon. We could see an appeal or a sugarwatered down version of the ordinance. San Francisco City Attorney’s Office spokesman John Cote stated the decision was disappointing, but the City is undeterred:
We’re analyzing the decision and evaluating all of our options. San Francisco remains committed to being a leader when it comes to protecting the health of our residents, especially our children.
So, crack open a Coke, pop a Pepsi, suck on a 7-Up and watch your tax dollars at work trying to warn people about their drink choices. By the way, a study by McCarthy et al. presented at the 1984 annual meeting of the Proceedings of the Human Factors Society concluded, after a review of more than 400 articles concerning warning labels on products such as seat belts, health products and household chemicals, product warnings, even when on the product packing, had no measurable impact on user behavior or product safety.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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