Government
Appeals court upholds ban on cigarette sales
NEWS IN BRIEF — Posted Sept. 28, 2009
A federal appeals court on Sept. 9 declined to halt enforcement of a San Francisco ordinance banning cigarette sales in pharmacies.
A panel of the 9th U.S. Circuit Court of Appeals rejected Philip Morris USA's arguments that the city law violated the company's free speech rights to advertise its products. While the ordinance limited tobacco sales, it did not prevent tobacco companies from advertising its products, the court said.
Altria Group, Philip Morris' parent company, is considering its appeal options. The tobacco manufacturer had asked the court to block the law, which took effect in October 2008, while the company's underlying constitutional challenge is pending.
The Litigation Center of the American Medical Association and State Medical Societies filed a friend-of-the-court brief in the case in support of the San Francisco ordinance.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2009/09/28/gvbf0928.htm.
