The American Beverage Association filed a lawsuit against the state of San Francisco last Friday on the grounds of First Amendment rights violations.
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The American Beverage Association filed a lawsuit against the city of San Francisco last Friday on the grounds of First Amendment violations. The city issued a first-of-its-kind ordinance in June that requires sugary beverages to have health warning labels placed on them. An accompanying advertising ban prohibits soda advertisements on city property and also prohibits city departments from purchasing sugary beverages.
The ordinance, which was approved by a unanimous vote from San Francisco’s Board of Supervisors, concurrently requires that the health warnings be placed on ads that can be found in public places such as: billboards, bus stops, public walls, taxis and stadiums. “The warnings would alert consumers that the drinks could contribute ‘to obesity, diabetes and tooth decay’,” reports California Healthline, July 27.
According to the San Francisco Chronicle, the ABA filed the suit on the basis that San Francisco “is trying to ensure that there is no free marketplace of ideas, but instead only a government-imposed, one-sided public 'dialogue' on the topic - in violation of the First Amendment.” But city supervisors have a different view. According to Supervisor Scott Wiener, legislation is necessary in order to inform citizens that sugary beverages are making people feel sick. It’s important to educate the public so they can make informed choices about beverages that contribute to some of today’s most common health issues.
The ABA is joined in its efforts to defeat the bill by the California State Advertising Association and the California Retailers Association. The new law is scheduled to go into effect by the end of this summer. Though the lawsuit challenges the bulk of the measures being passed, the ordinance that bans city funds being spent on sugary beverages isn’t being challenged in the lawsuit.
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