Jennifer L Pomeranz1, Dariush Mozaffarian2, Renata Micha2. 1. Department of Public Health Policy and Management, School of Global Public Health, New York University, New York, New York. Electronic address: jlp284@nyu.edu. 2. Friedman School of Nutrition Science and Policy, Tufts University, Boston, Massachusetts.
Abstract
INTRODUCTION: Health and safety warnings are a regular part of the consumer protection landscape. However, the only sugar-sweetened beverage policy passed to date was found unconstitutional under the First Amendment. This paper evaluates sugar-sweetened beverage warning policies in light of existing health and safety warnings on consumer products and the First Amendment. METHODS: In 2019, using LexisNexis, existing federal, state, and local health and safety warning laws for consumer products were identified. Then, bills proposed and laws passed through July 2019 that required sugar-sweetened beverage warnings were examined. Finally, First Amendment case law related to warning and disclosure requirements was analyzed to identify outstanding questions about the constitutionality of sugar-sweetened beverage warning policies. RESULTS: Warnings on consumer products provide key examples of long-established health and safety warning language, rationales for passage, and formatting requirements. Between 2011 and 2019, a total of 9 jurisdictions proposed 28 bills (including 1 law by San Francisco) requiring sugar-sweetened beverage warnings on labels, advertisements, and at point of sale. This analysis highlighted outstanding First Amendment questions on permissible wording and formatting requirements and the need for evidence and rationales that focus on specific health harms of sugar-sweetened beverages. Warnings on labels and at point of sale may pose fewer First Amendment concerns than on advertisements. CONCLUSIONS: Sugar-sweetened beverage warning policies that mirror health and safety warnings long established as permissible on other consumer products should be considered constitutional; however, evolving First Amendment jurisprudence leaves outstanding questions, especially on the interpretation of controversy, formatting requirements, and levels of required specificity for warning language.
INTRODUCTION: Health and safety warnings are a regular part of the consumer protection landscape. However, the only sugar-sweetened beverage policy passed to date was found unconstitutional under the First Amendment. This paper evaluates sugar-sweetened beverage warning policies in light of existing health and safety warnings on consumer products and the First Amendment. METHODS: In 2019, using LexisNexis, existing federal, state, and local health and safety warning laws for consumer products were identified. Then, bills proposed and laws passed through July 2019 that required sugar-sweetened beverage warnings were examined. Finally, First Amendment case law related to warning and disclosure requirements was analyzed to identify outstanding questions about the constitutionality of sugar-sweetened beverage warning policies. RESULTS: Warnings on consumer products provide key examples of long-established health and safety warning language, rationales for passage, and formatting requirements. Between 2011 and 2019, a total of 9 jurisdictions proposed 28 bills (including 1 law by San Francisco) requiring sugar-sweetened beverage warnings on labels, advertisements, and at point of sale. This analysis highlighted outstanding First Amendment questions on permissible wording and formatting requirements and the need for evidence and rationales that focus on specific health harms of sugar-sweetened beverages. Warnings on labels and at point of sale may pose fewer First Amendment concerns than on advertisements. CONCLUSIONS:Sugar-sweetened beverage warning policies that mirror health and safety warnings long established as permissible on other consumer products should be considered constitutional; however, evolving First Amendment jurisprudence leaves outstanding questions, especially on the interpretation of controversy, formatting requirements, and levels of required specificity for warning language.
Authors: Renata Micha; Jose L Peñalvo; Frederick Cudhea; Fumiaki Imamura; Colin D Rehm; Dariush Mozaffarian Journal: JAMA Date: 2017-03-07 Impact factor: 56.272
Authors: Renata Micha; Masha L Shulkin; Jose L Peñalvo; Shahab Khatibzadeh; Gitanjali M Singh; Mayuree Rao; Saman Fahimi; John Powles; Dariush Mozaffarian Journal: PLoS One Date: 2017-04-27 Impact factor: 3.240
Authors: Thomas A Gaziano; Renata Micha; Siyi Shangguan; Dariush Mozaffarian; Stephen Sy; Yujin Lee; Junxiu Liu; Parke E Wilde; Andrea L Sharkey; Erin A Dowling; Matti Marklund; Shafika Abrahams-Gessel Journal: Circulation Date: 2021-08-27 Impact factor: 29.690
Authors: Marissa G Hall; Allison J Lazard; Anna H Grummon; Isabella C A Higgins; Maxime Bercholz; Ana Paula C Richter; Lindsey Smith Taillie Journal: Prev Med Date: 2021-04-18 Impact factor: 4.637
Authors: Joel Gittelsohn; Christina M Kasprzak; Alex B Hill; Samantha M Sundermeir; Melissa N Laska; Rachael D Dombrowski; Julia DeAngelo; Angela Odoms-Young; Lucia A Leone Journal: Int J Environ Res Public Health Date: 2022-01-08 Impact factor: 3.390
Authors: Marissa G Hall; Anna H Grummon; Isabella C A Higgins; Allison J Lazard; Carmen E Prestemon; Mirian I Avendaño-Galdamez; Lindsey Smith Taillie Journal: PLoS Med Date: 2022-02-01 Impact factor: 11.069