Portal:Tobacco/Tobacco news

Ban on tobacco sales in drug stores survives appeal

Philip Morris said that San Francisco's ban on selling cigarettes in drug stores infringed on the company's First Amendment rights to freedom of speech, but the Ninth Circuit Court disagreed. The ordinance, which took effect in October, 2008 and was the first of its type in the country, prohibits sales of cigarettes and other tobacco products in San Francisco's nearly 60 drugstores. Philip Morris argued that the ban effectively forced the company to pull its advertising out of the stores, which interfered with its constitutional right to communicate with customers. But the Ninth U.S. Circuit Court of Appeals in San Francisco concluded that the ordinance does not restrict freedom of expression, saying that the city "limits where cigarettes may be sold; it doesn't prevent (Philip Morris) from advertising." The court ruled 3-0 to uphold a lower court judge's denial of an injunction against the ordinance.

Source: Bob Egelko, San Francisco Chronicle, S.F. ban on tobacco in drugstores survives, September 10, 2009.