Lawsuit Against Warnings for SSB Advertisements

3.Sample of Ad with Warning Label

Sample of Ad with Warning Label

January 12, 2016 – the ABA et al filed a motion for a temporary injunction to block the implementation of the law planned for July 2016.

April 7, 2016 – the hearing for the judge to consider the injunction took place at the United States District Court, Northern District of California San Francisco Courthouse, presided over by Judge Edward Chen. Read the transcript from the hearing (PDF).

May 17, 2016 – Judge Chen ruled in SF’s favor by denying the industry’s attempt to temporarily block the implementation of our new law to require warning labels on ads for sugary drinks. Read the ruling (PDF). Check out reactions to the denial of a preliminary injunction ruling.

June 7, 2016 – Judge Chen grants Plaintiff’s motion for injunction pending appeal.

April 17, 2017 - Warning Label Court Date at 9th Circuit Court of Appeals. 7th and Mission, courtroom 3 on 3rd floor.

Here are the public documents associated with the lawsuit:

  1. ABA et al complaint (PDF)
  2. SF answer to complaint (PDF)
  3. ABA Motion for Preliminary Injunction (PDF)
  4. ABA Prelim Injunction Expert Reports (PDF)
  5. Sample of Ad with Warning Label (PNG)
  6. SF’s Response to Motion for Prelim Injunction SSB warning (PDF)
  7. SF Expert Report Dr. Dean Schillinger (PDF)
  8. SF Expert Report Dr. Walter Willett (PDF)
  9. SF Expert Report Dr. David Hammond (PDF)
  10. SF Expert Report Christina Goette (PDF)
  11. SF Amicus Brief of American Heart Assn et al- Filed 2.23.16 (PDF)
  12. SF SSB Warning Amicus Brief – APPENDIX A – signatories (PDF)
  13. Transcript from April 7, 2016 Hearing (PDF)
  14. Preliminary injunction ruling (PDF)
  15. Judge Chen’s Ruling on Injunction Pending Appeal (PDF)
  16. SF Answering Brief (PDF)

After Judge Chen denied the preliminary injunction to block implementation of the ordinance in May 2016, the plaintiffs, in June 2016, asked him to stay the implementation of the ordinance for however long it would take the Ninth Circuit to resolve the appeal of the order denying the preliminary injunction.

Here are public documents from the appeal process:

1. 9th Circuit Court of Appeals Amicus Brief for CCSF (PDF)

Read the Viewpoint that Dean Schillinger MD and Michael Jacobson, PhD released in JAMA on Science and Public Health on Trial:  Warning Notices on Advertisements for Sugary Drinks.

American Beverage Association (ABA)/California State Outdoor Advertising Association (CSOAA)

1. 9th Circuit Court of Appeals ABA Opening Statement (PDF)
2. 9th Circuit Court of Appeals CSOAA Opening Statement (PDF)
3. 9th Circuit Court of Appeals ABA Amicus Washington Legal Fund (PDF)
4. 9th Circuit Court of Appeals ABA Amicus Chamber of Commerce of US (PDF)
5. 9th Circuit Court of Appeals ABA Amicus Association of National Advertisers (PDF)
6. 9th Circuit Court of Appeals ABA Amicus Pacific Legal Foundation (PDF)

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