Health Trumps Competition In San Fran Cig Ban

Law360, New York (October 1, 2008, 12:00 AM EDT) -- Walgreen Co.'s complaint that a city ordinance banning the sale of tobacco at pharmacies in San Francisco is “anti-competitive” is bunk — not because Walgreen is wrong, but because the city's authority to protect its citizens trumps competition concerns, a San Fransisco deputy city attorney has said.

A Walgreen spokesman said Wednesday that the drug-store chain would probably appeal after losing a bid in the Superior Court of the State of California, San Francisco County, for a temporary injunction that would have stopped the ordinance from...
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