Do you need a warning label to understand that sugary sodas contain, well, sugar and calories? San Francisco thinks you do. An appeals court ruled the ordinance is unfair.

The 9th U.S. Circuit Court of Appeals ruled that San Francisco’s ordinance unfairly targeted one group of products. The plaintiffs, including the American Beverage Association and the California Retailers Association, were likely to succeed with their claim that the ordinance was unjustified and violated commercial speech under the First Amendment, the court ruled.

The San Francisco ordinance is part of a growing national movement seeking to curb consumption of soft drinks and other high-calorie beverages that medical experts say are largely to blame for an epidemic of childhood obesity. Many localities also have moved to tax sugary beverages.

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