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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Ray Theodore reports, “In a brief, unpublished decision the three-judge panel unanimously found that the ban is permissible because it restricts the sale of cigarettes and not cigarette advertising”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

NHSTA Proposed Rule Will Not Request Automatically Reversing Windows

The National Highway Traffic Safety Administration (NHTSA) released reports stating the investigation into General Motors (GM) ignition switch defect was not thorough. The ignition switch defect has been connected with over 100 deaths. The GM ignition switch recall is the fourth largest defective car parts recall in history, with over 800,000 vehicles recalled. GM knew... Read More

September 27, 2009

Target Penalized for Toys With Lead Paint

This week, a teenager in Massachusetts was sentenced to one year in jail for causing a fatal car accident while texting. The accident took the life of one man and seriously injured the man's girlfriend. Using cell phone records, prosecutors demonstrated that the teen sent text messages within a minute of the fatal crash. A... Read More

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