A federal appeals court unanimously ruled to block a San Francisco law mandating warning messages on sugary drinks saying it likely violates freedom of speech, according to the Los Angeles Times.
Enacted in 2015, the San Francisco ordinance — a move to curb the consumption of caloric packed beverages — required advertisers to include a warning message that occupied 20 percent of the space on an advertisement or label.
A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled Tuesday the ordinance unfairly targeted one group of products. In addition, the judges said the plaintiffs, the American Beverage Association, the California Retailers Association and the California State Outdoor Advertising Association would likely succeed with their claim that the ordinance violated commercial speech. The federal appeals court ordered an injunction.
"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… [This] is deceptive in light of the current state of research," wrote Circuit Judge Sandra Ikuta, according to the LA Times.
The decision could be appealed to an expanded panel of 11 judges in the federal court or to the U.S. Supreme Court.