عنوان انگلیسی مقاله:
Sugar-Sweetened Beverage Warning Policies in the Broader Legal Context: Health and Safety Warning Laws and the First Amendment
ترجمه فارسی عنوان مقاله:
سیاستهای اخطار نوشیدنی شیرین شده در شکر در زمینه قانونی گسترده تر: قوانین اخطار بهداشت و ایمنی و اصلاحیه اول
Sciencedirect - Elsevier - American Journal of Preventive Medicine, 58 (2020) 783-788: doi:10:1016/j:amepre:2020:01:006
Jennifer L. Pomeranz, JD, MPH,1 Dariush Mozaffarian, MD, DrPH,2 Renata Micha, RD, PhD2
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 sugarsweetened
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 sugarsweetened
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
Am J Prev Med 2020;58(6):783−788. © 2020 American Journal of Preventive Medicine. Published by Elsevier
Inc. All rights reserved