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.
Pomeranz JL, Mozaffarian D, Micha R. Can the Government Require Health Warnings on Sugar-Sweetened Beverage Advertisements? JAMA. 2018;319(3):227–228. doi:10.1001/jama.2017.19209
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