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Wednesday, May 18 2016

Full Issue

Judge Knocks Down Beverage Industry's Attempt To Stop Warnings On Ads For Sugary Drinks

A new law in San Francisco -- set to go into effect July 25 -- will require billboards and other advertisements for sugary drinks to include language warning about their link to obesity, tooth decay and diabetes. The American Beverage Association filed a complaint to stop the legislation, but a federal judge denied the request for a preliminary injunction.

A federal court in Northern California has rejected an effort to block a new San Francisco law that requires health warnings on ads for sugary drinks. U.S. District Court Judge Edward M. Chen's decision Tuesday clears the way for the law approved by city lawmakers last year to take effect in July. The ordinance requires the warnings to appear on ads for soda and other sugar-sweetened beverages that appear on billboards, buses, transit shelters, posters and stadiums within the city. The labels would read: "WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes and tooth decay." (5/17)

The American Beverage Association had filed a civil complaint in the U.S. District Court for the Northern District of California in July, arguing the requirement violates free speech rights under the First Amendment. The California Retailers Association and California State Outdoor Advertising Association joined the complaint. In a ruling Tuesday, U.S. District Judge Edward Chen denied a request for a preliminary injunction. He added that plaintiffs are unlikely to succeed on the merits of their First Amendment claim or to suffer irreparable harm if the ordinance goes into effect. (Esterl, 5/17)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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