San Francisco Board of Supervisors Repeals SSB Ad Ban on City Property

Shook, Hardy & Bacon L.L.P.
December 4, 2015

The San Francisco Board of Supervisors has reportedly voted to repeal an
ordinance prohibiting advertisements for sugar-sweetened beverages
(SSBs) on city property in light of the U.S. Supreme Court ruling in Reed
v. Town of Gilbert, Ariz., that struck down a comparable initiative
restricting advertising on public property.

The ordinance was one of three passed by the municipal lawmakers in
June 2015. The others (i) mandate health warnings on most billboards
and ads for SSBs with 25 or more calories and (ii) prevent city departments
and contractors from using city funds to purchase SSBs.

“We may have lost this particular battle, but the war rages on,” Supervisor
Malia Cohen was quoted as saying. “We didn’t take down Big
Tobacco overnight—we’re not going to take down Big Soda overnight
either.”

The American Beverage Association filed suit against both advertising
ordinances on First Amendment grounds, and its challenge of the
mandated health warning is pending in federal court. See Courthouse
News Service, December 1, 2015; WLF Legal Pulse, December 3, 2015.

Issue 586

Categories: Issue 586, Legislation, Regulations and Standards
Tags: advertising, California, SSB

About The Author

Shook, Hardy & Bacon L.L.P.

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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