A San Francisco law banning the sale of tobacco products in pharmacies, possibly the first of its kind in the country, will go into effect today after surviving an attempt by Walgreens to halt it.
The Deerfield, Ill., company had sought a preliminary injunction Tuesday in Superior Court, arguing that its suit challenging the law is likely to succeed and that its stores would suffer millions of dollars in lost revenue in the meantime.
But Judge Peter Busch ruled in favor of the city, saying that Walgreens had not met its burden.
The city has pointed to that disparity as the reason for exempting big-box and grocery stores, and Busch said the data appeared to give the Board of Supervisors a "rational basis" for narrowing the tobacco prohibition to just pharmacies.
After the hearing, Deputy City Attorney Vince Chhabria said San Francisco's legal fight with Walgreens is "part of the government's long-term and multi-pronged battle" to send the message, particularly to teenagers, that smoking is harmful.
That claim has attracted nationwide media attention, and Chhabria said he's "hopeful" that other cities will follow San Francisco's lead.
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