AMERICAN BEVERAGE ASSOCIATION; California Retailers Association, Plaintiffs-Appellants, and
California State Outdoor Advertising Association, Plaintiff,
v.
CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellee.
American Beverage Association; California Retailers Association, Plaintiffs, and
California State Outdoor Advertising Association, Plaintiff-Appellant,
v.
City and County of San Francisco, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc September 25, 2018 Pasadena, California.
Sophia TonNu , Thomas Bennigson , and Seth E. Mermin , Public Good Law Center, Berkeley, California; Sabrina Adler , Ian McLaughlin , and Benjamin D. Wing , Changelab Solutions, Oakland, California, for Amici Curiae American Heart Association, American Academy of Pediatrics, California, California Academy of Family Physicians, California Chapter of the American Association of Clinical Endocrinologists, California Endowment, California Medical Association, California Pan-Ethnic Health Network, Changelab Solutions, Community Health Partnership, Crossfit Foundation, Diabetes Coalition of California, Healthy Food America, Latino Coalition for a Healthy California, National Association of Chronic Disease Directors, National Association of Local Boards of Health, Network of Ethnic Physician Organizations, Nicos Chinese Health Coalition, Prevention Institute, Public Health Institute, Public Health Law Center, San Francisco Bay Area Physicians for Social Responsibility, San Francisco Community Clinic Consortium, San Francisco Medical Society, Southern California Public Health Association, and Strategic Alliance.
Rachel Bloomekatz , Gupta Wessler PLLC, Washington, D.C., for Amici Curiae American Cancer Society Cancer Action Network, Public Health Law Center, Action on Smoking & Health, African American Tobacco Control Leadership Council, American Lung Association, American Thoracic Society, Americas for Nonsmokers' Rights, Campaign for Tobacco-Free Kids, NAATPN, and Truth Initiative Foundation.
Maia C. Kats , Center for Science in the Public Interest, Washington, D.C., for Amicus Curiae Center for Science in the Public Interest.
Deborah R. White , Retail Litigation Center Inc., Arlington, Virginia; Gabriel K. Gillett , Jenner & Block LLP, Chicago, Illinois; Adam G. Unikowsky , Jenner & Block LLP, Washington, D.C., for Amicus Curiae Retail Litigation Center.
Catherine E. Stetson , Hogan Lovells US LLP, Washington, D.C.,forAmicusCuriaeGroceryManufacturersAssociation.
Concurrence by Judge Nguyen
OPINION
GRABER, Circuit Judge:
Plaintiffs American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association challenge Defendant City and County of San Francisco's Sugar-Sweetened Beverage Warning Ordinance, City & Cty. of S.F., Cal., Bd. of Supervisors Ordinance No. 100-15, §...
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