Addiction Solution Source

A three-judge panel from the 9th Federal U.S. Circuit Court of Appeals unanimously rejected a challenge by Phillip Morris USA Cigarette company. The company claimed that the law violated its right to free speech by banning sales of tobacco in the City of San Francisco pharmacies.

Chief Judge Kozinski wrote that the city law only “limits where cigarettes may be sold; it doesn’t prevent the cigarette company from advertising.” Judge Kozinski also wrote that advertising may be a form of free speech, but “selling cigarettes isn’t”.

Another challenge to the law was filed by Walgreen Company that claimed the law was unfair because it applies to pharmacies but not to grocery stores or ‘big box’ stores that contain pharmacies. Walgreen lost its case with a San Francisco Superior Court Judge and will be appealing to a state appeals court.

According to the San Francisco Board of Supervisors ordinance, tobacco is dangerous to people’s health and by pharmacies selling tobacco, this is contradictory to customers visiting for the purposes of health.