Calif. Appeals Court Revives Walgreens Tobacco Suit

Law360, New York (June 9, 2010, 3:23 PM EDT) -- A California appeals court has revived a lawsuit Walgreen Co. brought against the city of San Francisco that challenges an ordinance barring pharmacies from selling tobacco products while exempting big-box and grocery stores from the ban.

Reversing a lower court's finding, a three-judge panel of the the California Court of Appeal, First Appellate District, Division Three, said Tuesday that Walgreens had adequately stated a cause of action alleging equal protection violations.

“There is no rational basis to believe the supposed implied message conveyed by selling tobacco...
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