The Wall Street Journal reports today that San Francisco is going to become the first city in the U.S. to require health warnings on soda and other sugar-added drinks.

The warnings need to be in place as of July 25th for public advertising and will include the following language:

“WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.”

The American Beverage Association filed a complaint in the U.S. District Court for the Northern District of California in July, arguing the requirement violates free speech rights under the First Amendment. The California Retailers Association and California State Outdoor Advertising Association joined the complaint.

In a ruling Tuesday, U.S. District Judge Edward Chen denied a request for a preliminary injunction. He added that plaintiffs are unlikely to succeed on the merits of their First Amendment claim or to suffer irreparable harm if the ordinance goes into effect.

The San Francisco ordinance would require the health warnings to cover 20% of public advertisements in the city, including posters and bus shelters. The warnings wouldn’t be required on television or radio ads or on beverage packaging or menus.

Insiders take: Given that television and radio ads are exempt from the new law, you can expect that billboards will feel the impact of the new law.

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