The Corporate Law Group

Smoke This

San Francisco banned sales of cigarettes in drug stores. We guess this is proof that cigarettes should not be regulated by the FDA since they are apparently not drugs. Phillip Morris argued that the law violated its right to advertise its product. In an unpublished opinion the 9th circuit upheld a district court ruling that there is no censorial motive since the cigarettes can still be advertised, just not sold in drug stores. One argument made by proponents of the law was that drug stores are havens of health and tobacco is in opposition to health. That must mean that drug store candy will be targeted next. Of course, we bet the real proponents of the law were cigarette specialty stores and convenience stores. Eliminate the competition by whatever means possible, right? Another argument was that it is inconsistent to sell products to quit smoking next to cigarettes. We guess that means that Safeway will stop selling diet products soon. In any case, it’s all for your own good……
Paul Marotta

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