Court rejects Philip Morris claim that San Francisco tobacco ban hurts advertising

SAN FRANCISCO United States District Court judge has rejected a claim by Philip Morris that San Francisco’s tobacco ban violates its right to advertise its products.

The law, which took effect Oct. 1, prohibits the sale of tobacco in retail pharmacies, but U.S. District Judge Claudia Wilken said Friday it does not prohibit speech about tobacco. Philip Morris has said it will appeal the decision. The tobacco company originally filed the case in order to force an injunction against the law.

Walgreens filed a separate suit, also seeking an injunction, alleging that the law unfairly singles out retail pharmacies because it does not affect supermarkets or mass merchandisers that operate in-store pharmacies. A San Francisco Superior Court judge turned down Walgreens on Sept. 30.