Philip Morris appeals tobacco ban at San Francisco pharmacies..

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,, 12/5/2008; Philip Morris appeals its challenge to tobacco sales ban by Bay City News - SF Examiner, 12/5/2008.

Related news briefs: 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.. and SAN FRANCISCO Ban on tobacco at drug stores..