9th Circ. Backs Ban On Tobacco Sales In SF Pharmas

Law360, New York (September 14, 2009, 4:56 PM EDT) -- A federal appeals court has affirmed a decision giving San Francisco the green light to enforce an ordinance aimed at curbing sales of cigarettes in drugstores, shooting down Philip Morris USA Inc.’s argument that the ban violates the tobacco giant's First Amendment right to advertise its products.

The U.S. Court of Appeals for the Ninth Circuit ruled Wednesday that while San Francisco Ordinance 194-08 limits where cigarettes may be sold, it doesn’t prevent the tobacco giant from advertising such products.

The ruling upheld a December 2008...
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