The law, AB 2098, was signed into law by Newsom last year. In response, five doctors alleged it to be unconstitutional under the First and Fourteenth Amendments of the US constitution.

The five doctors, Tracy Hoeg, Ram Duriseti, Aaron Kheriaty, Pete Mazolewski, and Azadeh Khatibi, argued that the law prevents them from providing information to their patients that may contradict what the law permits or prohibits. They also alleged the law was used to intimidate and punish physicians who disagreed with prevailing views on COVID-19.