En Banc 9th Circuit Grills San Francisco on Soda Warning-Label Law

An expanded panel of Ninth Circuit judges on Tuesday reconsidered whether a San Francisco law requiring warning labels on billboard ads for soda passes constitutional muster, with the soda industry arguing that singling out sodas and other sugary drinks as the main contributor to health problems sends a misleading message to consumers.

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No Warning on Cereals

California’s Second Appellate District granted Post Foods’, General Mills’ and Kellogg’s request to vacate the L.A. Superior Court’s denial of summary judgment to the cereal giants, who say they should not have to post cancer warnings because cereals contain acrylamide, because to do so would preempt federal law and could mislead consumers into avoiding whole grains.

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