Judge upholds SF’s pioneering law on sugary beverage ads

San Francisco’s first-in-the-nation law requiring display ads for sugary drinks to carry warnings of increased risks of obesity, diabetes and tooth decay can take effect in July as scheduled, a federal judge ruled Tuesday in rejecting a challenge by the beverage industry.

“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 turned aside industry arguments that the advertising message is misleading and violates free speech.

Chen said the city also provided evidence that African Americans, Latinos and low-income people were “particularly affected by added sugars in their diets” and also had high rates of obesity and related chronic diseases.

Like tobacco companies, which continue to make profits despite having to place government-mandated warnings on their packages, beverage companies will still reap financial benefits from advertising, he said.

Tuesday’s ruling is one of the first legal setbacks for the beverage industry, which has sued successfully over restrictions on beverage sizes and sales, said Dr. John Maa, a board member of the American Heart Association of the Greater Bay Area and a supporter of the ordinance.

Supervisor Scott Wiener, who carried the ordinance, praised the ruling and said the warnings “will provide the clear information people need to make informed decisions about what they are choosing to drink.”