By Betty Yu

SAN FRANCISCO (KPIX 5) — In a victory for big soda makers, a federal appeals court ruled that a San Francisco ordinance requiring health warnings on advertising for sugary drinks violates the first amendment.

The American Beverage Association reacted, saying in part: “We are pleased with this ruling, which affirms there are more appropriate ways to help people manage their overall sugar consumption.”

The ordinance was first passed in 2015 and required ads on billboards and posters within the city to include a warning that drinking high-sugar beverages contributes to health problems including obesity and diabetes.

“The court went through the analysis and said we just think this is unduly burdensome. The soda industry is probably going to win on the underlying case, so we’re going to stop this law from going into effect,” said KPIX 5 Political Analyst Melissa Caen.

The judges granted a preliminary injunction and kicked the case back to a lower court. The court also found that the warning which would cover 20 percent of the ad space was too large, and suggested 10 percent might be legal.

“This decision is solely about the size of the warning label,” said John Cote, communications director for the city attorney. “We’re evaluating our next steps in light of this decision.”

The San Francisco ordinance was part of a national effort to get people to stop people from drinking sweet drinks for health reasons.

“At the end of the day if you really want that soda, you’re going to drink it,” said Jessica Bakaldin in San Francisco.

Senator Scott Wiener who authored the ordinance said he is optimistic that the ordinance can be amended to pass judicial muster.

Comments (14)
  1. Donny Dingle says:

    Liberal vs Liberal. Isn’t that a Cartoon title?

  2. John Sorger says:

    San Francisco should put health warning on fäggot ässholes.

  3. Fred Stevens says:

    Democrats hate America. The Constitution is just a nuisance for them.

  4. To combat their homeless problem , San Fran also banned straws, and had warnings on soda cans. ha ha ha. One of the stupidest, dirtiest, cities in the US.

  5. Richard A Hooks says:

    To control the weather they tell us we can’t use plastic straws, but with their streets already covered with plastic drug needles they want even more programs to give them away.

  6. Anne Tenney says:

    I love seeing the liberals getting kicked in the teeth over their non-ending laws. Rather than worrying about soda can warnings, why not deal with the needle strewn streets, feces dumping sidewalks and rampant crime. The city is an ecological mess and banning straws is not going to fix it.

  7. Giselle Stamphaus says:

    Please help me out here. How can Congress constitutionally mandate warning labels on cigarette packaging and advertising but not a particular city requiring advertising labels for a product whose impact on public health, while some would say is negligible is nonetheless not nothing.

    1. Jorge Gonzalez says:

      Commerce Clause in the Constitution. Article I, Section 8, Clause 3

    2. stpaulchuck says:

      federal preemption. On food and such, only the feds can do that.

      This was just another fascist smack in the face to the people by little jerks trying to lord it over others. Those type get off on forcing others to their bidding regardless of the efficacy of the law or regulation. So they use junk science to gin up idiot things like this.

      Cigarettes have been proven to cause cancer in susceptible people, a large percentage of the population. I had two cousins (one by blood, one by marriage) die of throat and lung cancer when they would not stop smoking. Both were relatively young (< 60)

      There is zero credible science that says sweet drinks CAUSE anything. Certainly not diabetes for goodness sakes and obesity is generally genetic. 'Fat' is nowadays caused by more calories in than burned. The sedentary life of today's kids is the cause not what they eat or drink. As a matter of fact their is rising evidence that aspartame is causing some of the 'fat' issues even though the drinks are 'zero calories'. The chemical seems to have effects on the other foods you consume. It appears to alter your digestion and fat storage processes.

      You do not have the right to dictate what I eat or drink and posting idiot warnings about things that are not true is nothing but junk science used as a means to control the people.

  8. Jim Wolfson says:

    Let’s start publishing black-and-white notices in boxes, warning people about the dangers of Big Stupid Government. Publish them everywhere until the leftist dunces get the message.

  9. Chuck Curry says:

    It sounds funny, but the syphilis capitol of the world really does care about pubic health.