Judge Denies Bid to Block S.F. Pharmacy Tobacco Sales Law

Judge Denies Bid to Block S.F. Pharmacy Tobacco Sales Law
September 29, 2008

News Summary

A request by Philip Morris USA to block a ban on cigarette sales in San Francisco pharmacies was denied in federal court, the Bay City News reported Sept. 26.

The tobacco company filed a federal lawsuit stating that a sales ban would violate its right to free speech by prohibiting advertising in pharmacies. But U.S. District Judge Claudia Wilken denied the petition for a temporary restraining order, ruling that Philip Morris had not shown the likelihood of legal success and danger of irreparable harm needed to justify a temporary restraining order.

"The fact that the judge denied the temporary restraining order request without even receiving our opposition underscores the weakness of the argument that Philip Morris has a First Amendment right to sell cigarettes," Deputy City Attorney Vince Chhabria said.

Philip Morris spokesman Jack Marshall expressed disappointment with the ruling but added that the company "looks forward to presenting its arguments at the hearing on our motion for a preliminary injunction."

A lawsuit filed by the Walgreens pharmacy chain may still imperil the Oct. 1 implementation of the ban. Walgreens claims that the exemption given to grocery stores and "big box" stores violate its right to equal treatment under the law; arguments will be considered on Sept. 29.

COMMENTS ON THIS ARTICLE:

Posted by Anonymous on 02 Oct 08 02:01 PM EDT

1. French is right-- cigarettes are one of the biggest ways pharmacies have of drumming up business for all kinds of profitable drugs used to treat advanced chronic tobaccolosis. 2. It could also be argued that groceries use cigarets to create an appetite for junk foods, etc. 3. There's a whole $#itload of industries riding on nicotine addiction. Take the famous and beloved Propa & Ganda Co. a. Famous drug synergy of cigarets and coffee sells a megaton of Folger's. b. Cigarets ruin your breath, so you'll need to "wash your mouth out with Scope". c. Cigarets cause bad body odor so you'll need Secret (cigaret) deodorant. d. Cigarets cause stinky clothes so you'll need more Tide. e. Cigarets cause filth everywhere so you'll need Comet, Mr. Clean and Spic 'n' Span. f. Cigarets degrade taste sense so you'll need highly spiced Pringles and foods with cooked Crisco in them. g. P & G has been aggressively acquiring largepharmaceutical divisions to provide drugs to treat all that high blood pressure, emphysema etc. etc. down the road. (They probably have dozens more products I could name which are co-promoted by cigarets.)

Posted by John French on 30 Sep 08 01:42 PM EDT

I offer Philip Morris a free pointer -- tell the judge that having cigarettes in the pharmacies will mean that emphysema victimss won't have to walk too far.

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