Robert Lapsley, the president of the roundtable, said the group supports the legislation, which it views as a compromise. But if the bill doesn’t pass Thursday, it will move forward with its broader ballot initiative. “If they want to pass it, great,” he said. “If they don’t, we qualify tomorrow, and we kick off the next day on the campaign.”
The beverage association, which supports the California legislation, said its turn to pre-emption simply reflected its view that taxes on drinks represented an unfair burden — not just on them, but on retailers, bottlers, shipping companies and consumers.
Mr. Dermody noted that, in several states, the pre-emption bills are backed by a coalition of business interests, including grocery stores, and, in some cases, labor unions.
The California measure is part of a broader national strategy by the beverage industry to head off local soda taxes, which have passed in eight communities. Berkeley’s passage of a major soda tax paved the way for other cities to act. Philadelphia, San Francisco, Oakland, Calif., and the county that includes Chicago imposed their own such measures in 2016, followed by Seattle in 2017. The soda industry spent at least $38 million fighting the taxes in 2016, which were backed by public health advocates and the billionaires Laura and John Arnold and Michael R. Bloomberg, former mayor of New York, who contributed $20 million to the Bay Area soda tax campaign.
The experience of the places that adopted soda taxes has been mixed. Research in Berkeley, Philadelphia and Mexico, which has a similar tax, shows that the measures appear to increase beverage prices and reduce sugary drink sales.
But there has been backlash. Cook County in Illinois repealed its tax in the face of voter complaints and industry pressure. And Mayor Jim Kenney of Philadelphia has had to back away from his initial claims that beverage tax revenue would provide enough money to pay for a universal prekindergarten program for the city, as revenue has come in below projections. Definitive evidence about public health effects of the bills is still a long way off.