Court Rules Sweetened Beverage Warnings Likely Violate First Amendment

02/06/2019 - A San Francisco law requiring a health warning on advertisements for sweetened beverages likely violates the First Amendment, according to a ruling released last week by the Ninth Circuit Court of Appeals. Because of litigation, the 2015 ordinance had not yet gone into effect.

Organizations including the American Beverage Association, California Retailers Association and California State Outdoor Advertising Association challenged the law requiring a health warning that would take up at least 20% of ads for sugar-sweetened beverages, including those on buses and billboards.