A federal judge ruled that San Francisco has the right to force sugary beverage companies to post health warnings in display ads for their products, says The San Francisco Chronicle. The law, which is the first in the nation, was challenged in court by the American Beverage Association, the California Retailers Association and the California State Outdoor Advertising Association. It will take effect on July 25th.
“The warning required by the city ordinance is factual and accurate,” and is a “legitimate action to protect public health and safety,” said U.S. District Judge Edward Chen, who heard the case. The warning labels must take up 20 percent of the companies’ advertising space and caution against the link between sugary beverages and obesity, diabetes and tooth decay. Ads in newspapers, magazines, television, menus or product labels do not need to have a warning label, says the Chronicle.
For its part, the beverage industry claims that the rule not only limits their freedom of speech, but “unfairly singl[es] out their products… implying that they [are] more dangerous than high-calorie foods like cheeseburgers or pizzas, which carry no warnings,” says the Chronicle.
Chen dismissed the idea that the rule hurts the companies’ freedom of speech, explaining that they are still very much allowed to speak, but are simply required to honestly depict their products. He also refused the argument that the advertisers will leave the city in frustration, pointing to pharmaceutical and tobacco companies, both of which continue to make a profit, despite having to warn the public of health risks.
In November, San Francisco voters are likely to consider a penny-per-ounce tax on sugared drinks, the paper said.