Two clicks from the 'First amendment' Wikipedia article led me to this: https://en.wikipedia.org/wiki/Freedom_of_speech_in_the_Unite...
So yeah, it might pass.
http://abcnews.go.com/US/story?id=92990&page=1
You can ban it from TV and radio if there's a compelling government interest but even the head medical chied of the ADA says there is no definitive proof that sugar causes diabetes. (See my link above)