San Francisco Tobacco Rule Biased, Walgreen Claims

Law360, New York (September 11, 2008, 12:00 AM EDT) -- Retail pharmacy Walgreen Co. has lobbed a lawsuit at the city of San Francisco, challenging an ordinance that will bar pharmacies from selling tobacco products as anti-competitive and biased in favor of other types of stores.

Walgreen disputed the city's argument in favor of the ordinance — that by selling tobacco products, pharmacies convey a “tacit approval” of them — by saying that it's implausible that consumers would get a mixed message simply because a company is selling tobacco. The ordinance is set to take effect...
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