Regulating Sugar-Sweetened Beverages at the Federal, State and Local Levels

In light of the public health evidence that sugar sweetened beverages (“SSBs”) are detrimental to health and the marketing research revealing the extent SSBs are marketed to youth, government regulation may be necessary. The presentation will briefly explain that marketing is considered “commercial speech” protected by the First Amendment unless it is considered deceptive. In limited circumstances this may apply to SSB targeted ads to young children. However, the government has many other legal options available to it that do not implicate speech or the First Amendment; these entail regulating what the law calls “conduct.” The presentation will explain this distinction and explore the many attractive yet unfamiliar legal options available to the government at the federal, state and local levels to regulate SSBs and support public health. Some of these options include labeling requirements, earmarked taxation, and regulating the sale and location of SSBs within schools, retail settings and food service establishments.