At its core, this case is about whether South Africans have the right to know the truth about products that harm them and whether civil society has the right to say it.

In October 2024, the Healthy Living Alliance (Heala) launched a campaign urging government to strengthen the Health Promotion Levy, South Africa's tax on sugary drinks.

The radio advert, broadcast in Afrikaans, used strong public messaging: "Fizzy drinks and fruit juice make our children sick. With every sip, sugar is dumped into their bodies, leading to obesity, heart disease and diabetes as they age."

While not a literal scientific statement, a reasonable person would not interpret the advert as claiming that a single sip of a sugary beverage directly causes diabetes or other non-communicable diseases (NCDs).

The phrasing was designed for emphasis and reflects decades of evidence from the World Health Organization and other scientific bodies showing that regular consumption of sugary drinks significantly increases the risk of obesity, diabetes and heart disease over time.

Within weeks, however, a single complaint was submitted by a listener who reported that his child had been unsettled by the advert. The complaint was referred to the Advertising Regulatory Board (ARB), South Africa's self-regulatory advertising body, funded by industry members, including the very food and beverage industry whose products are under scrutiny.

In early 2025, the ARB ruled that the advert was...