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9th Cir. Cty. of Appeals Has Upheld San Francisco’s Ban On Cigarette Sales In Any Licensed Pharmacy

September 27, 2009  ·  By HM&M


Ray Theodore reports, “In a brief, unpublished decision the three-judge panel unanimously found that the ban is permissible because it restricts the sale of cigarettes and not cigarette advertising” (Andrews Publications for FindLaw, 9/16). The court reject the argument that the product itself is an advertisement and found that the sale of cigarettes does not involve expressive conduct that would be protected by the first or fourteenth amendments.

The ban, “which took effect Oct. 1, 2008, seeks to address concerns that smoking is “legitimized” by allowing cigarette sales in pharmacies, whose primary mission is to serve consumers' medical and health needs.”

The ban, however, does not affect other stores, such as groceries and mega stores, whose primary purpose is not to serve customers medical and health needs.

As a personal injury lawyer who has seen many cases involving the aftermath of smoking cigarettes, I am pleased with this progressive decision.

September 27, 2009

Banned Pool Drains Still Present in Many Public Pools

The Today Show (7/6) informed people all over the country about many public pools that are not abiding by federal law and replacing dangerous pool drains. The old pool drains are unsafe because they can pack 800 pounds of suction force and trap young children causing serious internal injuries and even death. A test run... Read More

September 27, 2009

Death Toll Rises to Three in Arizona Sweatbox Case

Recently, the story surrounding three deaths and eighteen injuries caused by spending time in a “sauna-like sweatbox” has lead to a homicide investigation of the October 8 “Spiritual Warrior” program by self-help expert James Arthur Ray at the Angel Valley Retreat Center near Sedona, Arizona (CNN, 10/18). Ray is widely known for leading programs that... Read More

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