American Beverage Assoc. v. City and County of San Francisco, No. 16-16072 (9th Cir. 2019)Annotate this Case
The en banc court reversed and remanded the district court's denial of a preliminary injunction in an action challenging the City and County's Sugar-Sweetened Beverage Warning Ordinance. The Ordinance requires health warnings on advertisements for certain sugar-sweetened beverages.
The en banc court relied on the Supreme Court's decision in National Institute of Family & Life Advocates v. Becerra, 138 S. Ct. 2361 (2018), and held that plaintiffs will likely succeed on the merits of their claim that the Ordinance was an unjustified or unduly burdensome disclosure requirement that might offend the First Amendment by chilling protected commercial speech. The en banc court also held that the remaining injunction factors weighed in plaintiffs' favor. Therefore, the district court abused its discretion in denying the motion for a preliminary injunction.
This opinion or order relates to an opinion or order originally issued on September 19, 2017.