Philip Morris and Walgreens File Suit Over San Francisco's Ban on Tobacco Sales at Pharmacies

Philip Morris and Walgreens File Suit Over San Francisco's Ban on Tobacco Sales at Pharmacies

In two separate lawsuits, Philip Morris and Walgreens are challenging the constitutionality of San Francisco's recently enacted ban on tobacco sales in pharmacies. Philip Morris has filed suit in federal court, arguing that it has a First Amendment right to sell its products. Walgreens filed suit in San Francisco Superior Court, arguing that the regulation is unfair because its treats various types of retailers differently.

According to an article in the San Francisco Chronicle: "Philip Morris USA, the nation's largest tobacco company, filed suit in federal court Wednesday, arguing the city of San Francisco has unconstitutionally banned pharmacies from selling tobacco products. ... Philip Morris is arguing that it has a First Amendment right of free expression 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, in violation of our constitutional rights,' said Joe Murillo, a lawyer representing Philip Morris USA. 'Likewise, the ban unfairly deprives adult consumers of the opportunity to buy tobacco products from legitimate, licensed retail businesses.'"

"Mitch Katz, director of the city's Department of Public Health, remarked that he must have missed the day in social studies class the teacher discussed the constitutionality of cigarette sales. 'Do you remember any part of the Bill of Rights being about pharmacies selling tobacco?' he asked." ...

"Walgreens, meanwhile, filed a brief Wednesday stating the company would lose millions of dollars, equal to 9 percent of a store's non-pharmacy sales, if the ban takes effect. The company said the city is discriminating by not applying the ban to grocery stores or big-box stores that have pharmacies within them and also sell cigarettes. Katz has said it's a contradictory message for Walgreens to use the motto "the pharmacy America trusts" while selling cancer-causing tobacco products. In its brief, Walgreens said grocery stores are also perceived as health-promoting venues and pointed out that Safeway's slogan is "ingredients for life" but that the chain also sells cigarettes."

According to another article in the San Francisco Chronicle: "Attorneys for Walgreens are seeking an emergency injunction to stop San Francisco from banning the sale of tobacco products in pharmacies. In July, San Francisco became the first city in the nation to ban the sale of tobacco products in pharmacies such as Walgreens and Rite Aid, saying sick people getting their prescriptions filled shouldn't be faced with cancer-causing products sitting nearby. But the ban, which is scheduled to take effect Oct. 1, doesn't extend to grocery stores or big-box stores that also have pharmacies. That's why the company wants the plan stopped, said Walgreens spokeswoman Tiffani Bruce. 'Our position is based solely on being fair across different types of retailers,' she said, noting that smokers will just buy their cigarettes at another store down the block."

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