S.F. ban on tobacco in drugstores survives

[The Straight Story]

S.F. ban on tobacco in drugstores survives

(09-09) 16:35 PDT SAN FRANCISCO -- San Francisco can enforce its ban on tobacco sales in drugstores, a federal appeals court ruled Wednesday, 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.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/10/MNKN19KRP5.DTL

[ixion]

1. but by all means

keep gulping down those yummy pharmaceuticals dispensed by said drugstore. :eyes:

[The Straight Story]

2. Am wondering if this will lead to some places not allowing morning after pills to be sold

Cigs are, afterall, a form of drug and is now to be overseen by the fda.

Some cities in more conservative areas may now decide to start regulating things it sees as morally wrong (let's face it, pills harm your liver and are dangerous, as are cigs. But some people don't like smoking so treat it differently, hence morals implied).

[ixion]

4. legislation of stuff like this is always a slippery slope, so I think it's a

safe bet that the tactic will be used to remove other 'unmentionables' while retaining others that are equally as bad, if not worse.

[Freddie Stubbs]

3. Great news for 7-11