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Federal Court Backs S.F. Ban on Drugstore Cigarette Sales
September 11, 2009

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News Summary

A federal appeals court has dismissed a lawsuit filed by Philip Morris and cleared the way for the city of San Francisco to enforce a law banning cigarette sales in pharmacies, the San Francisco Chronicle reported Sept. 10.

The cigarette maker opposed the law on free speech grounds, saying the ordinance -- the first of its kind in the U.S. -- infringed on its rights to advertise to drugstore customers. But the Ninth U.S. Circuit Court of Appeals said the law "limits where cigarettes may be sold; it doesn't prevent (Philip Morris) from advertising."

A separate lawsuit filed by Walgreens also opposes the law, saying it discriminates against drugstores by allowing cigarette sales at other types of businesses that have pharmacies, such as retailers like Wal-Mart and supermarkets.

COMMENTS ON THIS ARTICLE:

Posted by maxwood on 11 Sep 09 05:24 PM EDT
Re the Philip Morris argument: if Walgreens no longer sells the product, why would it permit advertising for it inside the store? This is important because children are exposed to big cigarette advertising signs, at their eye level, when Mother takes them to a Walgreens or other store which carries that product and ipso facto appears to be endorsing it.

Posted by Brian McDonough on 14 Sep 09 09:59 AM EDT
i believe if it's your store, you can say what can be sold there. if you don't want to sell a certain item, you don't. in today's world,a pharmacy must rely on 'the front', that is where we sell non-medical or pharmaceutical items, to pay the rent, the help, etc.

Posted by whenwillthisend on 14 Sep 09 10:16 AM EDT
This should include ANY Philip Morris programs, including its bogus Under 18 Can't Buy Cigarettes yellow signs.. which has been proven as a milestone for teens to look forward to (turning 18 so they can purchase and use tobacco).

Posted by senseless on 14 Sep 09 10:40 AM EDT
Brian, are you suggesting that pharmacies don't make ridiculous amounts of money selling drugs and in fact rely on other merchandise to continue operating? I'd be inclined to doubt that. Why pharmacies? Are we trying to send the message that tobacco isn't a drug?

Posted by stopthehate on 14 Sep 09 01:18 PM EDT
Close to 98% of pharmacists believe that pharmacies should not sell tobacco. Philip Morris trying to force businesses to sell their product on a "free speech" claim is absurd - good for the Federal Court! I agree with Walgreens that all businesses with a pharmacy should be included under the law.

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