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January 16, 2018

Can the Government Require Health Warnings on Sugar-Sweetened Beverage Advertisements?

Author Affiliations
  • 1College of Global Public Health, New York University, New York
  • 2Friedman School of Nutrition Science and Policy, Tufts University, Boston, Massachusetts
JAMA. 2018;319(3):227-228. doi:10.1001/jama.2017.19209

In September 2017, the Ninth Circuit ordered a district court to issue a preliminary injunction enjoining enforcement of San Francisco’s requirement that sugar-sweetened beverage (SSB) advertisements display a health warning statement, finding that it likely violated the First Amendment rights of advertisers of SSBs.1 Given the health harms of SSB consumption2 and the ubiquity of warnings on other consumer goods, the findings of the court are of interest from both public health and legal perspectives. San Francisco requested a rehearing and this decision is under consideration.