SAN FRANCISCO -- A California appeals court granted a preliminary injunction to block San Francisco's law requiring a warning message be placed on advertisements for sugar-sweetened beverages in the city.
The 9th U.S. Circuit Court of Appeals determined Sept. 18 that the warning is misleading and violates freedom of speech, according to reports. It overturned a lower District Court ruling that had rejected a request by the American Beverage Association (ABA) and other groups to enjoin the law.
"By focusing on a single product, the warning conveys the message that sugar-sweetened beverages are less healthy than other sources of added sugars and calories and are more likely to contribute to obesity, diabetes and tooth decay than other foods,” the court said. “This message is deceptive in light of the current state of research on this issue."
Originally enacted in 2015, the law requires all billboards and ads for sodas and other sugar-added drinks to include a label that reads: “WARNING: Drinking beverages with added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 court’s ruling means the case will return to the District Court, where the ABA and its co-plaintiffs will seek an order to permanently enjoin the warning mandate.
"[The] decision affirms our position that the San Francisco warning mandate not only violates the constitutional right to free speech but it is also deceptive and misleading to consumers," the ABA said in a statement. "America's beverage companies believe there are better ways to help people reduce their sugar consumption. That's why we're taking steps to reduce sugar in our beverages, offer more choices with less sugar and put calorie information up front so people can make informed decisions about their drinks."
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