December 6, 2008 - Philip Morris USA is appealing a federal judge's decision to uphold a new San Francisco law banning tobacco sales by pharmacies. Jack Marshall, a spokesman for Philip Morris, says the nation's No. 1 cigarette maker filed a notice of appeal Friday with the 9th U.S. Circuit Court of Appeals. The company's lawsuit claims the city ban also violates its free speech rights by preventing it from advertising in pharmacies. Marshall says the suit also challenges the prohibition of tobacco product sales in pharmacies.
The appeal (filed a notice of appeal with the 9th U.S. Circuit Court of Appeals in San Francisco Friday afternoon, December 5, 2008 could take months to resolve) was filed hours after U.S. District Judge Claudia Wilken of Oakland turned down the company's request for an injunction. The law, which does not cover so-called "big-box" retail stores like Costco, went into effect Oct. 1.
Reference: Philip Morris appeals tobacco ban at pharmacies, Associated Press, 12/6/2008; Philip Morris Appealing Challenge To SF Tobacco Ban, KTVU.com, 12/5/2008; Philip Morris appeals its challenge to tobacco sales ban by Bay City News - SF Examiner, 12/5/2008.
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