American Beverage Association v. City and County of San Francisco
9th Cir.; 16-16072 The court of appeals reversed a district court order and remanded. The court held that a municipal ordinance mandating the inclusion…
September 19, 2017 at 04:41 PM
3 minute read
9th Cir.;
16-16072
The court of appeals reversed a district court order and remanded. The court held that a municipal ordinance mandating the inclusion of a health warning on billboard advertising for sugar-sweetened beverages offends the advertisers' First Amendment rights.
The City and County of San Francisco enacted an ordinance mandating that specific types of fixed advertising for sugar-sweetened beverages include the following statement: “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.” The ordinance provided detailed instructions regarding the form, content, and placement of the warning, including the requirement that it occupy 20 percent of the advertisement and be set off with a rectangular border.
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