San Francisco can enforce its ban on tobacco sales in drugstores..

September 10, 2009 - San Francisco can enforce its ban on tobacco sales in drugstores, the Ninth U.S. Circuit Court of Appeals court ruled Wednesday, September 9th rejecting a free-speech argument by tobacco giant Philip Morris.

The ordinance, the first of its kind in the nation, took effect in October. It prohibits sales of cigarettes and other tobacco products at San Francisco's nearly 60 drugstores.

Philip Morris said the ban effectively forced the company to pull its advertising out of the stores, interfering with its constitutional right to communicate with customers. But the Ninth U.S. Circuit Court of Appeals in San Francisco said the city hasn't restricted freedom of expression.

The city "limits where cigarettes may be sold; it doesn't prevent (Philip Morris) from advertising," the court said in a 3-0 ruling upholding a judge's denial of an injunction against the ordinance.

Even if the measure affects advertising in drugstores, the court added, it does not suppress any ideas or the company's ability to discuss its product.

Philip Morris could appeal the ruling to the U.S. Supreme Court.

"The purpose and effect of the ordinance is to suppress communications directed to adult smokers, in violation of our constitutional rights," said company spokesman Jack Marshall.

The city's lawyer, Deputy City Attorney Vince Chhabria, said, "We are not surprised the court concluded that Philip Morris has no First Amendment right to sell cigarettes in drugstores."

A state appeals court is considering a separate lawsuit by Walgreens, which says the ordinance discriminates against drugstores by allowing supermarkets and big-box retail stores with pharmacies to sell tobacco. (San Francisco - fight about selling tobacco products in drugstores has flared up..)

Let's hope the same verdict is rendered in the suit filed by R.J. Reynolds, Lorillard, and others claiming the law that gives the U.S. Food and Drug Administration new authority over tobacco violates their right to free speech.

Reference: S.F. ban on tobacco in drugstores survives, Bob Egelko, Chronicle Staff Writer, San Francisco Chronicle, 9/9/2009.

San Francisco related news briefs:
San Francisco - fight about selling tobacco products in drugstores has flared up..
San Francisco - Judge threw out a Walgreens attempt to stop the ban of tobacco sales in pharmacies..;
Philip Morris appeals tobacco ban at San Francisco pharmacies;
Federal Judge Denies Bid To Stop San Francisco Pharmacy Tobacco Ban..;
Philip Morris USA request stop in San Francisco's ban on tobacco sales by pharmacies..;
San Francisco - cigarette sales rise sharply in c-stores..;
San Francisco files brief to oppose bid by PM USA to block the banning of tobacco sales in pharmacies..;
Philip Morris challenges San Francisco pharmacy tobacco ban..;
Walgreen: San Francisco’s Tobacco Ban Is Unfair..;
San Francisco - All Tobacco Products Banned in All Pharmacies..;
San Francisco critical vote - bar tobacco sales pharmacies..;
SAN FRANCISCO Ban on tobacco at drug stores sought...