An attempt by Philip Morris to stop San Francisco from prohibiting the sale of cigarettes and other tobacco products at pharmacies was denied by a federal judge, the San Francisco Chronicle reported Nov. 7.

The ban, which took effect on Oct. 1, prohibits the sale of tobacco products in the city's drugstores but allows supermarkets and big-box retail stores with pharmacies to continue to sell tobacco.

Lawyers for Philip Morris contended that the removal of advertising from city drugstores negated the company's efforts to communicate with their customers and was thus an infringement on their freedom of speech. City attorneys argued that the ban doesn't limit advertising but rather applies only to tobacco sales.

U.S. District Judge Claudia Wilken of Oakland, who had previously rejected a restraining order sought by Philip Morris to block the ordinance, denied the latest request to suspend the ordinance until the company's case went to trial.

The ban is also being appealed in San Francisco Superior Court by the Walgreens drugstore chain. Retailers' claim of unconstitutional discrimination was denied in September when a judge agreed that the city can impose a ban that singles out businesses whose purpose is to improve the health of customers.