American Beverage Association vs. San Francisco

Court: U.S. Court of Appeals for the Ninth Circuit

Date: 2023

Issue on Appeal: Whether San Francisco’s ordinance requiring health warnings on certain advertisements violates the First Amendment by compelling speech that is misleading or unduly burdensome for businesses.

RLC’s Position: The RLC argues that compelled commercial speech must be factual, uncontroversial, and not unduly burdensome. Mandating prominent warning disclosures—particularly where the underlying message is disputed or not narrowly tailored—violates constitutional protections and imposes unnecessary compliance burdens on retailers. Clear limits on compelled speech are essential to ensure retailers can communicate effectively with consumers without being forced to convey government-mandated messaging that may be misleading or excessive.

Other Amici: Chamber of Commerce of the United States and other business and trade organizations.

Counsel: Counsel from leading appellate and constitutional law practices representing amici curiae.