Phillip Morris USA is suing the city of San Francisco over a tobacco sales ban that is slated to go into effect Oct. 1, the San Francisco Chronicle reported Sept. 25.

The nation's largest tobacco company argued that the ban infringes on its Constitutional rights to sell its products.

"Although called a ban on sales, the purpose and effect of the ordinance is to suppress communications directed to adult smokers," said Joe Murillo, a lawyer representing Phillip Morris USA.

The city's Department of Public Health was unmoved by the lawsuit. "Do you remember any part of the Bill of Rights being about pharmacies selling tobacco? Phillip Morris has fought every attempt by public health officials to save lives by curbing smoking," said agency director Mitch Katz. "It's a badge of honor for anyone in public health to be sued by Philip Morris."

No hearing date is scheduled for the case, but U.S. District Judge Claudia Wilken will use briefs filed by both sides to determine whether to issue a temporary restraining order blocking enforcement of the ban before Oct. 1, according to Deputy City Attorney Vince Chhabria.

Pharmacy chain Walgreens filed a similar suit earlier this month, arguing that the ban is discriminatory since it allows grocery stores and big-box retailers to sell cigarettes, but not freestanding pharmacies. The company claimed it would lose nine percent of non-pharmacy sales if the ban takes effect. The case will go to court Sept. 30.