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Walgreens Sues to Stop S.F. Tobacco Sales Ban
September 10, 2008

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News Summary

Walgreens is fighting for the right to continue selling tobacco products in San Francisco by suing the city over a ban slated to go into effect next month, the San Francisco Chronicle reported Sept. 9.

Walgreens' attorneys are seeking an emergency injunction to prevent the ban from going into effect Oct. 1.

City health officials contend that people getting their prescriptions filled shouldn't have to deal with cancer-causing products sitting nearby. The ban affects stand-alone pharmacies like Walgreens and Rite Aid but does not extend to grocery stores or big-box retailers like Wal-Mart that house pharmacies on their premises.

"Our position is based solely on being fair across different types of retailers," said Tiffani Bruce, a Walgreens spokesperson, who said the ban would simply compel smokers to buy their cigarettes elsewhere.

Bruce said that Walgreens pharmacists are trained to counsel smokers on smoking cessation products. "This ordinance will discourage smokers from coming to a place where they can have this type of access," she said.

This summer, San Francisco became the first city in the nation to approve a ban on pharmacy sales of tobacco products. Boston followed suit last week, when city health officials gave preliminary approval to ban cigarette sales in pharmacies, college campuses, cigar bars and hotels.

Health officials in both cities say that the link between tobacco and its cancer-causing properties outweighs any health benefits to selling tobacco products in pharmacies.

"It's one thing to say you're doing it for the convenience of your customers, but to actually sue? To say this is your right to sell the substance associated with the No. 1 cause of preventable death?" said Mitch Katz, director of the San Francisco Department of Public Health. "It's unbelievable to me."

A hearing in the case is scheduled for Sept. 30.

COMMENTS ON THIS ARTICLE:

Posted by Lesli, R.N. on 13 Nov 08 12:42 AM EST
Walgreens markets itself as a health-promoting company. This is the difference. Supermarkets do not. And honestly, what's the chance that someone who goes in to buy a pack will say, "Maybe I'd better ask a pharmacist about this..?" I emailed Walgreens about the suit. Their consumer response rep admitted to me that they are worried about losing sales of other items that smokers buy ("bad for our employees and shareholders, and the convenience of the more than 20% of the Americans who still smoke." They are not really suing on principle. They admitted outright that they are worried about profit. Email them yourself and ask them about it at Power.Center@walgreens.com.

Posted by dd on 11 Sep 08 09:26 AM EDT
Much as I support smoking cessation efforts (I make it a routine part of counseling sessions with my clients), Walgreens has a point here. Pharmacists are trained in brief interventions for smoking cessation and consumers paying $6.00 a pack for cigarettes may well seize the moment and ask the pharmacist about nicotine replacement which in most pharmacies is place right next to the prescription counter. Also Walgreen is right that its not fair to them or their customers to force their customers to buy cigarettes elsewhere. For some pharmacy locations that are already marginal, that loss of revenue could mean the closing of the store and the need for customers to travel extra distances to get their medications.

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