As one of the few products directly linked with obesity, soft drinks would surely be among the worst hit segments if government health campaigns were allowed to mention specific products. The 2003 legalisation outlawing such messages is attributed by the CSPI to lobbying from soft drink firms after a number of state health campaigns were introduced that encouraged consumers to drink less carbonated soft drinks.

While the return of such campaigns would be damaging, perhaps an even more serious threat to the carbonated soft drink sector is the possibility of extra taxes, under the premise of funding healthcare reforms. A "lifestyle tax" was first posited by the U.S. Senate Finance Committee at the end of March, with the proposals suggesting that a tax of $0.10 on a can of soft drink could curb consumption and help finance comprehensive healthcare reform. These measures have met with resistance in the U.S. senate, with concerns raised about the impact on an industry that is already under strain. However, the policy is supported by the CSPI and a group of health campaigners who wrote in an open letter to Senator Max Baucus, chairman of the Senate Finance Committee, that "because of rising obesity rates, this may be the first generation in our nation's history that has a shorter life expectancy than the prior generation. While many factors contribute to weight gain, soft drinks are the only food or beverage shown to have a direct link to obesity."