U.S. court: Health warning on soda ads offend First Amendment rights
The 11 judges of the 9th U.S. Circuit Court of Appeals in a unanimous decision said the city's ordinance violated commercial speech protected under the U.S. Constitution.
"The required warnings therefore offend plaintiffs' First Amendment rights by chilling protected speech," the judges wrote in granting a preliminary injunction that prevents the law from taking effect.
The judges said beverage makers were likely to suffer "irreparable harm" if the law is implemented because the warning would "drown out" the advertisements' other visual elements.
The San Francisco ordinance is part of a national effort to curb consumption of soft drinks and other high-calorie beverages that medical experts have said are largely to blame for an epidemic of childhood obesity.
Over the past years, many U.S. localities have imposed taxes on sugary beverages, adding a surcharge of up to 1.75 cents per ounce (29 milliliters). At that rate, the cost of a typical 12-ounce can of soda would rise by 21 cents.
The beverage industry has opposed the measures, saying they hit poor and working-class families and small businesses the hardest. ■