American Beverage Ass'n v. City & County of San Francisco

Good Law
187 F. Supp. 3d 1123·2016 WL 2865893·2016 U.S. Dist. LEXIS 65013
United States District Court, Northern District of CaliforniaMay 17, 2016Case No. 15-cv-03415-EMCCalifornia9,616 words

Opinion

Lead Opinion

Edwardchen, J.

ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs are the American Beverage Association (“ABA”), California Retailers Association (“CRA”), and California State Outdoor Advertising Association (“CSOAA”). They have filed suit against Defendant the City and’ County of San Francisco (“City” or “San Francisco”), challenging two ordinances enacted in 2015, which modified the San Francisco Administrative and Health Codes, Plaintiffs contend these ordinances violate their and their members’ constitutional rights.

Currently pending before the Court is Plaintiffs’ motion for a preliminary injunc: tion in which they focus on only one of those ordinances—ie,, that which modified the City Health Code. The ordinance, though passed in 2015, does not become operative until July 25, 2016. 1 See Compl. ¶20. In essence, the ordinance requires certain kinds of advertisements related to sugar-sweetened beverages (“SSBs”) to display a warning from the City that says: “WARNING: Drinking beverages with added sugar(s)[ 2 ] contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.’” S.F. Health Code § 4203(a).

The pending motion…

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