Bottles of soda are displayed in a cooler at a convenience store on June 10, 2015 in San Francisco, California.
Justin Sullivan—2015 Getty Images
By Sam Frizell
July 27, 2015

The soda industry’s largest trade body is suing the city of San Francisco over rules that would require mandatory warning labels on soda advertisements and ban their display on city property.

The lawsuit, filed by the American Beverage Association on Friday, claims the regulations due to come into force July 2016 are unconstitutional. The city, the complaint said, “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.”

The legislation was passed unanimously by the San Francisco Board of Supervisors in June and stands among the strongest laws in the country relating to sugary beverages. The label, which must be affixed to all soda advertisements, would read: “WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes and tooth decay.”

The plaintiffs in the complaint say forcing signs to carry that label “violates core First Amendment principles.”

Other parties to the suit also include the California Retailers Association and the California State Outdoor Advertising Association.

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